Smith v. Fairman’s Empirical Analysis
678 F.2d 52 · 1982
Citation profile
28 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 53 later decisions — most recently September 2022 · most notably Anderson v. Romero (1995), Caribbean Marine Services Co. v. Baldrige (1988)
28 federal appellate · 3 district · 4 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 Terry v. Ohio · Bell v. Wolfish · Roe v. Wade · Hutto v. Finney · Price v. Johnston
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“has normally been resolved by attempting to accommodate both interests through adjustments in scheduling and job responsibilities for the guards.”
7 later decisions quote this exact passage · from the majority“It thus appears that in the absence of those conditions, a state may not legally refuse to hire women as guards in a male prison. See Gunther v. Iowa State Men's Reformatory, 612 F.2d 1079 (8th Cir.), cert. denied, 446 U.S. 966 [ 100 S.Ct. 2942 , 64 L.Ed.2d 825 ] (1980).”
2 later decisions quote this exact passage · from the majority“For our present purposes we will assume that having to endure what is commonly referred to as a frisk or pat-down search could to some persons be a humiliating and degrading experience. Even so limited a search as this “is a serious intrusion upon the sanctity of the person, which may inflict great indignity and arouse strong resentment, and it is not to be taken lightly.” Terry v. Ohio, 392 U.S. 1, 13, 17 , 88 S.Ct. 1868, 1875, 1877 , 20 L.Ed.2d 889 (1968). To require one not only to submit to such a search, but to have it performed by a member of the opposite sex could well, for many people, only add to the feeling of degradation. United States ex rel. Wolfish v. Levi, 439 F.Supp. 114, 159 (S.D.N.Y.1977), aff'd 573 F.2d 118 (2nd Cir.1978), rev’d on other grounds sub nom. Bell v. Wolfish, 441 U.S. 520 , 99 S.Ct. 1861, 1865 , 60 L.Ed.2d 447 (1979). Rational prison management should recognize this basic fact of human behavior and, where possible, respond accordingly.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Chrans
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.