Barker v. Goodrich’s Empirical Analysis

Citation profile

6 federal appellate ·

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.

1. “[a]mong 'unnecessary and wanton' inflictions of pain are those that are 'totally without penological justification.'”

   4 later decisions quote this exact passage · from the majority
   e.g. Rafferty v. Trumbull Cnty. · Berkshire v. Beauvais

2. “[F]or no legitimate penological purpose, [plaintiff] was denied adequate access to water and a restroom, and forced to maintain an uncomfortable position for an extended period of time [i.e., twelve hours], subjecting him to a significant risk of wrist and arm problems, dehydration and thirst, and pain and damage to the bladder. This constitutes a denial of the minimal civilized measures of life's necessities.”

   2 later decisions quote this exact passage · from the majority
   e.g. Berkshire v. Beauvais · Randy Berkshire v. Debra Dahl

3. “For a right to be clearly established, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.... In determining whether a constitutional right is clearly established, we look first to decisions of the Supreme Court, then to decisions of this court and other courts within our circuit, and finally to decisions of other circuits.”

   2 later decisions quote this exact passage · from the majority
   e.g. Benison v. Ross · Adam Cmty. Ctr. v. City of Troy