Hardwick v. Ault’s Empirical Analysis

Citation profile

52 federal appellate · 2 district · 2 state decisions

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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We keenly appreciate the force of the factors identified by the district court in McCray (McCray v. Burrell, D.C., 367 F.Supp. 1191) and Washington (Washington v. Boslow, D.C., 375 F.Supp. 1298) as supporting a policy determination that (the) exhaustion of available administrative remedies should be required of prisoners of correctional institutions in Maryland as a prerequisite to a suit under § 1983. We recognize the burden which the increasing flood of prisoner complaint litigation places upon the already overtaxed district courts as well as ourselves. Nevertheless, we are constrained to conclude that the holding that exhaustion is required may be reached only by either legislation conditioning resort to 42 U.S.C. § 1983 upon the exhaustion of available administrative remedies, or by the Supreme Court's re-examination and modification of its controlling adjudications on the subject. Congress has not enacted such legislation. The Supreme Court has not yet begun a re-examination of its previous holdings and we have no basis on which to predict that it will, or, if so, with what result. We think that we have no alternative but to hold that exhaustion may not be required.”

   1 later decision quote this exact passage · from the majority
   e.g. United States ex rel. Ricketts v. Lightcap

2. “We, too, are aware of the burdens imposed upon the federal judicial system by the increasing volume of prisoner litigation . . . The federal courts, and particularly the district courts, must make every effort to devise procedural innovations that will readily separate meritorious claims from frivolous claims and that will encourage informal settlements of grievances while at the same time preserving the plaintiffs’ rights under 42 U.S.C. § 1983 .”

   1 later decision quote this exact passage · from the majority
   e.g. Miller v. Carson

3. ““It is, of course, true that the federal courts have imposed upon federal prisoners the requirement that they ‘exhaust their administrative remedies in accordance with Bureau of Prisons policy’.””

   1 later decision quote this exact passage · from the majority
   e.g. 440 F. Supp. 785 - Payne v. Day