Greene v. Solano County Jail’s Empirical Analysis
513 F.3d 982 · 2008
Citation profile
13 federal appellate · 10 district · 3 state decisions
How this case has been cited
Cited by 53 later decisions — most recently April 2024 · most notably Sossamon v. Lone Star (2009), United States v. Provenzano (1980)
13 federal appellate · 10 district · 3 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. § 1291 · 28 U.S.C. § 1915A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000C
Relies on Turner v. Safley · Employment Division Department of Human Resources of Oregon v. L Smith · City of Boerne v. Flores · United States v. Playboy Entertainment Group, Inc. · Cutter et al. v. Wilkinson Director Ohio Department of Rehabilitation and Correction
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“RLUIPA provides in relevant part, that “[n]o government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution ... even if the burden results from a rule of general applicability,” unless the government establishes that the burden furthers “a compelling governmental interest,” and does so by “the least restrictive means.” 42 U.S.C. § 2000cc-1(a)(1)-(2). RLUIPA defines “religious' exercise” to include “any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” 42 U.S.C. § 2000cc-5(7)(A); Warsoldier v. Woodford, 418 F.3d 989, 994 (9th Cir.2005). The Supreme Court has recognized RLUIPA as “the latest of long-running congressional efforts to accord religious exercise heightened protection from government-imposed burdens.... ” Cutter v. Wilkinson, 544 U.S. 709, 714 , 125 S.Ct. 2113 , 161 L.Ed.2d 1020 (2005). The statute itself reflects this intent stating, “This chapter shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution.” 42 U.S.C. § 2000ec-3(g). See also Warsoldier, 418 F.3d at 995 . Congress effectuated this intent by distinguishing RLUIPA from traditional First Amendment jurisprudence in at least two ways. First, it expanded the reach of the protection to include any “religious exercise,” including “any exercise of religion, whether or not compelled by or central to, a system ”
1 later decision quote this exact passage“[n]o government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution ... unless the government demonstrates that imposition of the burden on that person— (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.”
1 later decision quote this exact passage“[w]e have little difficulty in concluding that an outright ban on a particular religious exercise is a substantial burden on that religious exercise”
1 later decision quote this exact passagee.g. Sprouse v. Ryan
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.