Otey v. Best’s Empirical Analysis
680 F.2d 1231 · 1982
Citation profile
17 federal appellate · 1 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Bell v. Wolfish · Procunier v. Martinez · Pell v. Procunier · Jones v. North Carolina Prisoners' Labor Union, Inc. · Sweet v. South Carolina Department of Corrections
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[prison officials need] only to produce evidence that to permit the exercise of first amendment rights would create a potential danger to institutional security. This evidence may consist of expert testimony from the responsible officials, provided they testify to opinions that are “held ‘sincerely’ and [are] arguably correct.” [Jones, 433 U.S. at 127 ( 97 S.Ct. at 2539 ).] * * * Once the state has met its burden of going forward with the evidence, the courts must defer to the expert judgment of the prison officials unless the prisoner proves by “substantial evidence ... that the officials have exaggerated their response” to security considerations, Pell, 417 U.S. at 827 [94 S.Ct. at 2806], or that their beliefs are unreasonable, Jones, 433 U.S. at 128 [ 97 S.Ct. at 2539 ].”
1 later decision quote this exact passagee.g. Hill v. Blackwell“'So long as the prison authorities provide the inmate with a reasonable opportunity for the exercise of his religious tenets in a form that is substantially warranted by the requirements of prison safety and order, there is no violation of the inmate's constitutional rights.'”
1 later decision quote this exact passagee.g. Safley v. Turner“provided with special meals during the holy month of Ramadan, requested religious literature, and national Muslim broadcasts”
1 later decision quote this exact passage
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.