592 F. Supp. 1052 - Morrison v. Lefevre’s Empirical Analysis

Citation profile

10 federal appellate · 4 district · 3 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Although segregation may be a form of confinement which prisoners should expect to experience because of various justifiable administrative needs, prisoners in this nation should not fear the imposition of solitary confinement because they have engaged in litigation and prison reform activities. “Even though a prisoner has no ‘right’ to remain in the general prison population ... there are some reasons upon which the government may not rely.” Retaliation for his litigation and prison reform activities is such an impermissible reason. Morrison’s federally created liberty interest, then, does not rest on his right not to be confined in SHU [, the Special Housing Unit,] absent good cause; rather, it rests on his rights not to suffer any “grievous loss,” because he exercised his federal constitutional rights.”

   1 later decision quote this exact passage · from the majority
   e.g. 862 F. Supp. 1090 - Lowrance v. Coughlin

2. “Pennhurst holds that when the Eleventh Amendment bars federal causes of action which could otherwise be brought in federal court, it bars pendent claims as well. The [Supreme] Court made two findings in Pennhurst that are germane to this case. First, it found that the federal claims involved ‘a suit against the State itself.’ Id. [, 104 S.Ct.] at 908; see id. [104 S.Ct.] at 909-17. Thus they were barred by the Eleventh Amendment. Second, it held that ‘the explicit limitation on federal jurisdiction contained in the Eleventh Amendment’ overrode the ‘judge-made doctrine [of pendent jurisdiction] inferred from the general language of Art. III.’ Id. [104 S.Ct.] at 917, see id. [104 S.Ct.] at 917-919.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Gordon v. Watley

3. “Morrison has established that he was denied due process because his confinement was based on findings or suspicions created by false reports made by prison officials. However minimal may be the process due to prisoners before segregation, that process is insufficient when it has been contaminated by the introduction through State action of false evidence [which] in itself violates the due process clause____ The fact that prisoners are not entitled to the full panoply of procedural protections afforded at trial when they are subject to internal prison discipline does not deprive them of the fundamental right not to have state officials make purposefully false statements about them.”

   1 later decision quote this exact passage · from the majority
   e.g. 692 F. Supp. 226 - Dell'Orfano v. Scully