Smith v. Veterans Administration’s Empirical Analysis
636 F.3d 1306 · 2011
Citation profile
13 federal appellate ·
Appellate journey
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1915 · 28 U.S.C. § 1915A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985
Relies on Haines v. Kerner · Heck v. Humphrey · Jones v. Bock · Pierce v. Gilchrist · Jennings v. Natrona County Detention Center Medical Facility
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on three or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.”
2 later decisions quote this exact passage · from the majority“dismissed [for] fail[ure] to state a claim”
2 later decisions quote this exact passage · from the majority“from the date of the Supreme Court's denial or dismissal of a petition for writ of certio-rari, if the prisoner filed one, or from the date when the time to file a petition for writ of certiorari expired, if he did not. And if the prisoner did not file a direct appeal in a circuit court, a district court’s dismissal counts as a strike from the date when his time to file a direct appeal expired.”
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.