Miller v. Carson’s Empirical Analysis
563 F.2d 741 · 1977
Citation profile
72 federal appellate · 3 district · 8 state decisions
How this case has been cited
Cited by 157 later decisions (1 by the Supreme Court) — most recently January 2022 · most notably Bell v. Wolfish (1979), Ruiz v. Estelle (1982)
72 federal appellate · 3 district · 8 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. § 1331 · 28 U.S.C. § 1343 · 28 U.S.C. § 2201 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Estelle v. Gamble · Monroe v. Pape · Brown et al. v. Board of Education of Topeka et al. · Bounds v. Smith · Bradley v. School Board of City of Richmond
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 157 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A. The Civil Rights Attorney's Fees Awards Act of 1976 48 We base our holding that the award was authorized on the Civil Rights Attorney's Fees Awards Act of 1976, 26 Pub.L. 94-559, § 2, Oct. 19, 1976, 90 Stat. 2641, codified at 42 U.S.C. § 1988. That Act provides in relevant part: 'In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, . . . the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.”
4 later decisions quote this exact passage · from the majority“Each factor separately, i.e., overcrowding dormitory barracks, lack of classification according to severity of offense, untrained inmates with weapons, lack of supervision by civilian guards, absence of a procedure for confiscation of weapons, may not rise to constitutional dimensions; however, the effect of the totality of these circumstances is the infliction of punishment on inmates violative of the Eighth Amendment, as determined by the trial court.”
1 later decision quote this exact passage · from the majoritye.g. McMurry v. Phelps“To allow fees to court-appointed counsel will encourage the vindication of civil rights which is the purpose of the [Civil Rights Attorney’s Fees Awards] Act, and court-appointed counsel should be no more expensive than hired attorneys.”
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.