Bressman v. Farrier’s Empirical Analysis
1991
Citation profile
118 federal appellate · 4 district · 7 state decisions
How this case has been cited
Cited by 196 later decisions (1 by the Supreme Court) — most recently November 2012 · most notably Tabb Lakes, Ltd. v. United States (1993), Leslie Salt Co. v. United States (1995)
118 federal appellate · 4 district · 7 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. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Wolff v. McDonnell · Preiser v. Rodriguez · Young v. Kenny · Offet v. Solem · Viens v. Daniels
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 196 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“whenever the requested relief requires as its predicate a determination that a sentence currently being served is invalid or unconstitutionally long”
9 later decisions quote this exact passage · from the dissent“These petitions raise the questions whether the exhaustion requirement of 28 U.S.C. § 2254 applies when state prisoners, in a suit under 42 U.S.C. § 1983 , challenge the duration or conditions of their confinement but seek only damages or declaratory relief. The Eighth Circuit held here that exhaustion is required for § 1983 actions which include challenges to the conditions, as well as to the length or duration, of confinement. 900 F.2d 1305 , 1308 (1990). See also Offet v. Solem, 823 F.2d 1256 (CA8 1987). The Seventh Circuit has adopted the contrary position. See Viens v. Daniels, 871 F.2d 1328, 1333-1334 (1989). The Ninth Circuit held here that exhaustion is required for § 1983 actions seeking damages, so long as the requested relief requires as its predicate a determination that a prisoner’s sentence is invalid or unconstitutionally long. 907 F.2d 874, 876 (1990). Although no Court of Appeals has held to the contrary, several have recognized the apparent tension between this position and the decisions of this Court in Preiser v. Rodriguez, 411 U.S. 475 , 93 S.Ct. 1827 , 36 L.Ed.2d 439 (1973), and Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974). See, e.g., 907 F.2d at 877 ; Viens, supra, at 1333 ; Gwin v. Snow, 870 F.2d 616, 623 (CA11 1989). Because of the confusion and divergence of opinion these issues have generated in the Courts of Appeals, and the fact that this Court has not ruled definitively upon the issues presented, I would grant certiora”
1 later decision quote this exact passage · from the dissente.g. Martorell v. McElwee
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.