Aulds v. Foster’s Empirical Analysis
484 F.2d 945 · 1973
Citation profile
17 federal appellate · 2 state decisions
How this case has been cited
Cited by 32 later decisions — most recently November 1998 · most notably Casey Enterprises, Inc. v. American Hardware Mutual Insurance (1981), King v. Blankenship (1980)
17 federal appellate · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Haines v. Kerner · Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · National Screen Service Corp. v. Poster Exchange, Inc. · American Manufacturers Mutual Insurance v. American Broadcasting-Paramount Theatres, Inc. · Anderson v. Nosser
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A motion for summary judgment should only be granted when there is no genuine issue as to any material fact. The party opposing the motion is to be given the benefit of all reasonable doubt in determining whether a genuine issue exists. Heyward v. Public Housing Administration, 238 F.2d 689, 696 (5th Cir. 1956); Pennsylvania v. Curtiss Nat’l Bank, 427 F.2d 395, 401 (5th Cir. 1970). Although affidavits certainly are useful on a motion for summary judgment, the court may not resolve disputed fact issues by reference to .the affidavits. The fact that it may be surmised that the party against whom the motion is made is unlikely to prevail at the trial is not sufficient to authorize summary judgment against him. National Screen Service Corp. v. Poster Exchange, Inc., 305 F.2d 647, 651 (5th Cir. 1962); American Manufacturers Mutual Ins. Co. v. American Broadcasting-Paramount Theatres, Inc., 388 F.2d 272, 279 (2d Cir. 1967). Although similarities did exist between the affidavits of the inmates and those of the guards, important factual distinctions were present. The distinctions concern the degree of brutality, what was said by the guards, and the inmates’ action provoking guard reaction. The truth of this matter should be determined by a trial on the merits. As a matter of policy federal courts are reluctant to interfere with internal prison discipline, however, “this chariness does not mean that prison officials have unfettered discretion in the treatment of their prisoners.” Ande”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.