602 F. Supp. 2d 977 - Bowers v. Pollard’s Empirical Analysis
2009
Citation profile
1 federal appellate ·
Relationships
Applies 28 U.S.C. § 1915A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Mathews v. Eldridge · Morrissey v. Brewer · Farmer v. Brennan · Gregg v. Georgia · Sandin v. Conner
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“• Your cell will be searched two times a week. • You will be given a bag meal. • You will be taken out of your cell of [sic] Fridays to review mail, write letter, etc. You will be allowed one hour to perform these tasks. An officer will be present at all time. • You will have a paper gown to wear. • Upon request, you will be given a self-help book by clinical services. • You will be given a segregation mattress. • You will be given a shower on regular shower days. As appropriate, a towel and hygiene supplies will be provided to you prior to the shower. You will be expected to return all items after the shower. No changes will be made in the plan without Lt. Swiekatowski, Program Supervisor Cooper, Dr. Hamilton and/or Dr. Breen’s approval. This plan will be reviewed on an ongoing and regular basis. Modifications will be made as appropriate, to include giving you more privileges and property as your behavior stabilizes, or taking more privileges and property if you become unstable.”
1 later decision quote this exact passage · from the majoritye.g. Townsend v. Cooper“Forced nudity can degrade and humiliate a prisoner. Refusing to allow him the use of a toilet so that he urinates or defecates on himself adds to the degradation. Absent a justification for such conditions, I am unable to say that they do not fall within the meaning of cruel and unusual punishment proscribed by the Eighth Amendment.....On the record before me, I am unable to determine whether, under the circumstances of this case, these conditions fall below Eighth Amendment standards. I therefore turn to the second element of the claim-whether the defendants denied Bowers civilized conditions of confinement intentionally or recklessly.”
1 later decision quote this exact passage · from the majority“One can understand why clothing ... may not be immediately restored to an inmate who continually destroys them or appears suicidal and has used them to cause harm to himself ... [B]ut once an inmate is tied down to a bed, he is incapable of using articles of clothing or a blanket to harm himself or others. The defendants have offered no justification for forcing him to like naked for up to twelve hours.”
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.