Westefer v. Neal’s Empirical Analysis

Citation profile

3 federal appellate · 1 state decisions

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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The district court's injunction goes well beyond this, locking in highly specific formal requirements controlling the timing and content of the notice and hearing that each transferred inmate must receive, and even going so far as to impose a right to appeal. An injunction of this scope and specificity is inconsistent with the "informal, nonadversary" model set forth in Wilkinson [ v. Austin , 545 U.S. 209 , 125 S.Ct. 2384 , 162 L.Ed.2d 174 (2005) ] , Hewitt [ v. Helms , 459 U.S. 460 , 103 S.Ct. 864 , 74 L.Ed.2d 675 (1983) ], and Greenholtz [ v. Inmates of Nebraska Penal & Correctional Complex , 442 U.S. 1 , 99 S.Ct. 2100 , 60 L.Ed.2d 668 (1979) ], and cannot be reconciled with the PLRA's requirement that injunctions in prison-conditions cases must be narrowly drawn and use the least intrusive means of correcting the violation of the federal right.”

   1 later decision quote this exact passage · from the majority
   e.g. Rasho v. Walker

2. “The decision whether a prisoner remains a security risk will be based on facts relating to a particular prisoner—which will have been ascertained when determining [whether] to confine the inmate to administrative segregation'—-and on the officials’ general knowledge of prison conditions and tensions, which are singularly unsuited for “proof’ in any highly structured manner.... [T]he ongoing task of operating the institution will require the prison officials to consider a wide range of administrative considerations.”

   1 later decision quote this exact passage · from the majority
   e.g. Isby v. Brown

3. “The Prison Litigation Reform Act circumscribes the scope of the court's authority to enter an injunction in the corrections context...[to] enforce[e] a point repeatedly made by the Supreme Court in cases challenging prison conditions: '[P]rison officials have broad administrative and discretionary authority over the institutions they manage.'”

   1 later decision quote this exact passage · from the majority
   e.g. Flynn v. Burns