Rhem v. Malcolm’s Empirical Analysis
527 F.2d 1041 · 1975
Citation profile
22 federal appellate · 4 district · 4 state decisions
How this case has been cited
Cited by 49 later decisions (1 by the Supreme Court) — most recently April 1993 · most notably Bell v. Wolfish (1979), Spain v. Procunier (1979)
22 federal appellate · 4 district · 4 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
Relies on Shapiro v. Thompson · Rhem v. Malcolm · 371 F. Supp. 594 - Rhem v. Malcolm · Detainees of the Brooklyn House of Detention for Men v. Benjamin J. Malcolm, Commissioner of Correction of the City of New York, Ralph Valvano v. Benjamin J. Malcolm, Commissioner of Correction of the City of New York, Nicholas Ferraro, District Attorney, Queens County
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We are not unaware of the financial difficulties presently confronting the city defendants. ... an individual’s constitutional rights may not be sacrificed on the ground that the city has other and more pressing priorities. See Rhem v. Malcolm, 507 F.2d at 341-42 ; Detainees of Brooklyn House of Detention v. Malcolm, 520 F.2d 392 , 399 (2d Cir. 1975). To do so would be to discriminate grievously against poor persons who cannot afford bail. Presumed innocent in the eyes- of the law, they are incarcerated solely to insure their appearance at subsequent proceedings. This limited deprivation of their liberty cannot be extended to justify the denial of other unrelated rights for budgetary reasons. See Shapiro v. Thompson, 394 U.S. 618, 633 , 89 S.Ct. 1322 , 22 L.Ed.2d 600 (1969). Denial of the presumptively innocent detainee’s constitutional rights represents an impermissible price to pay for his retention in custody.” Rhem v. Malcolm, 527 F.2d 1041, 1043-44 (2d Cir. 1975).”
1 later decision 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.