Palmigiano v. Baxter’s Empirical Analysis
487 F.2d 1280 · 1973
Citation profile
54 federal appellate · 17 district · 6 state decisions
How this case has been cited
Cited by 88 later decisions (2 by the Supreme Court) — most recently February 2010 · most notably Wolff v. McDonnell (1974), Baxter v. Palmigiano (1976)
54 federal appellate · 17 district · 6 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 28 U.S.C. § 1343 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Miranda v. State of Arizona Vignera · Board of Regents of State Colleges v. Roth · Morrissey v. Brewer · Simmons v. United States · Goldberg v. Kelly
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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[i]n a prison setting where liberty is by necessity shrunken to a small set of minor amenities such as work or schooling privileges, . . . it is likely that any marked change of status which forecloses such liberties will be perceived and felt as a grievous loss.” Id. at page 1284.”
3 later decisions quote this exact passage · from the concurrence““The government’s obligation here is fundamentally the same as that underlying its obligation to use ‘less drastic means’ when infringing upon First Amendment rights, see United States v. Robel, 389 U.S. 258, 267 , 88 S.Ct. 419 , 19 L.Ed.2d 508 (1967); Shelton v. Tucker, 364 U.S. 479, 488 , 81 S.Ct. 247 , 5 L.Ed.2d 231 (1960), or its obligation to use the ‘least restrictive alternative’ when impinging up [sic] travel, free flow of commerce, or property rights, see Aptheker v. Secretary of State, 378 U.S. 500, 507 , 84 S.Ct. 1659 , 12 L.Ed.2d 992 (1964); Polar Ice Cream and Creamery Co. v. Andrews, 375 U.S. 361 , 375 n. 9, 84 S.Ct. 378 , 11 L.Ed.2d 389 (1964); Dean Milk Co. v. City of Madison, 340 U.S. 349, 354 , 71 S.Ct. 295 , 95 L.Ed. 329 (1951); see also Griswold v. Connecticut, 381 U.S. 479, 485 , 85 S.Ct. 1678 , 14 L.Ed.2d 510 (1965). When the government has ‘reasonable and adequate alternatives available’ to a given end, it must choose the measure which least interferes with individual liberties. Dean Milk Co. v. City of Madison, su pra, 340 U.S. at 354 , 71 S.Ct. 295 .” Id. at 1287-1288.”
2 later decisions quote this exact passage · from the concurrence““The task is a delicate one for courts because of the sensitive and precarious nature of correctional institutions. Prison officials, facing complicated and combustible situations each day, must be free to make a wide range of decisions. Much must be left to their good faith discretion. Sawyer v. Sigler, 445 F.2d 818 (8th Cir. 1971); Marnin v. Pinto, 463 F.2d 583 (3d Cir. 1972). Time has proved, however, that blind deference to correctional officials does no real service to them. Judicial concern with procedural regularity has a direct bearing upon the maintenance of institutional order; the orderly care with which decisions are made by the prison authority is intimately related to the level of respect with which prisoners regard that authority. There is nothing more corrosive to the fabric of a public institution such as a prison than a feeling among those whom it contains that they are being treated unfairly.” Id. at 1283.”
2 later decisions quote this exact passage
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.