Hummer v. Dalton’s Empirical Analysis
657 F.2d 621 · 1981
Citation profile
10 federal appellate · 1 state decisions
How this case has been cited
Cited by 19 later decisions — most recently November 2023
10 federal appellate · 1 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
Relies on Bell v. Wolfish · Bankers Trust Co. v. Mallis · Roseboro v. Garrison · Davis v. Zahradnick · Oxendine v. Williams
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Claim 3 asserts a right to be segregated from prisoners who smoke. Jefferson’s affidavit states, and Hummer essentially admits, that Hummer has been permitted to sleep in a jail cell to escape smoke-filled dormitories. The district court granted summary judgment because of this accommodation of Hummer’s demands and because the court doubted that the allegation stated a violation of constitutional magnitude. I think the proper course would be to treat Claim 3 as simply one aspect of Hummer’s charges of inadequate ventilation. The providing of a non-smoking area may be an appropriate remedy to some of Hummer’s other complaints. Rather than granting summary judgment, the district court should have considered Claim 3 in conjunction with Hummer’s overall assertions that the condition of the air at the Floyd facility endangers the health of inmates.”
1 later decision quote this exact passage · from the concurrencee.g. Beeson v. Johnson“and were understood and accepted by the plaintiff as final for purposes of appeal. The plaintiff filed a timely appeal and the reason for application of Rule 58 is not present here. 11 We would not be understood, however, as commending or encouraging the practice of failing to comply with the requirement of Rule 58 and would repeat the admonition of the Second Circuit in Turner v. Air Transport Lodge 1894, Etc., 585 F.2d 1180 , 1182 (2d Cir. 1978), that”
1 later decision quote this exact passage · from the majoritye.g. Hummer v. Dalton“Hummer stated that inmates are sometimes denied access to the outside even during good weather. Issues of fact clearly exist which ought to preclude summary judgment on Claim 6. 31 Finally, Claim 7 alleges that inmates are exposed to excessive noise from a workshop area adjoining the room where inmates must spend most of their daylight hours. On the basis of Jefferson's affidavit, the district court concluded that noise was an”
1 later decision quote this exact passage · from the concurrencee.g. Hummer v. Dalton
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.