Shepherd v. Goord’s Empirical Analysis
662 F.3d 603 · 2011
Citation profile
4 federal appellate · 1 district ·
Relationships
Applies 18 U.S.C. § 924 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988 · 42 U.S.C. § 1997E
Relies on Ashcroft v. al-Kidd · Rhodes v. Stewart · Dean v. United States · Salahuddin v. Goord · 131 S. Ct. 2060 - Global-Tech Appliances, Inc. v. SEB S. A.
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he plain language of § 1997e(d)(2) signals that no attorney’s fee award greater than 150 percent of the monetary judgment may be entered against a defendant. To be sure, Congress might have expressed itself more clearly, but we are nevertheless satisfied that this is the most natural reading of the statute.”
2 later decisions quote this exact passage · from the majority“§ 1997e(d)(2) is not a model of clarity. See Blissett v. Casey, 147 F.3d [218] at 220 [ (2d Cir.1998) ] (noting § 1997e(d)(2)’s “unclear language”). Nevertheless, this language is not so ambiguous as to require us to resort to canons of statutory construction or to legislative history to discern its meaning. See Bruesewitz v. Wyeth LLC, [- U.S. -] 131 S.Ct. [1068,] 1081 [ 179 L.Ed.2d 1 (2011)]; United States v. Gray, 642 F.3d 371, 377 (2d Cir.2011). Indeed, for more than a decade, we have observed that § 1997e(d)(2) “effectively caps a defendant’s liability for attorneys’ fees in a prisoner’s § 1983 action at 150% of a money judgment.” Torres v. Walker, 356 F.3d 238, 242 (2d Cir.2004); see Blissett v. Casey, 147 F.3d at 220 (stating that § 1997e(d)(2) “appears to provide that fee award is not to be borne by the defendant to the extent it exceeds 150 percent of the judgment”).”
1 later decision quote this exact passage · from the majoritye.g. Harris v. Ricci“any action brought by a prisoner who is confined to any jail, prison, or other correctional facility, in which attorney's fees are authorized under section 1988 of this title....”
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.