Freeman v. Franzen’s Empirical Analysis
695 F.2d 485 · 1982
Citation profile
72 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 98 later decisions (1 by the Supreme Court) — most recently July 2016 · most notably Memphis Community School District v. Stachura (1986), La Montagne v. American Convenience Products, Inc. (1984)
72 federal appellate · 1 district · 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Estelle v. Gamble · Bell v. Wolfish · Paul v. Davis · Baker v. McCollan · Carey v. Piphus
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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The management by a few guards of large numbers of prisoners, not usually the most gentle or tractable of men and women, may require and justify the occasional use of a degree of intentional force. Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers, violates a prisoner’s constitutional rights.”
2 later decisions quote this exact passage · from the majority“In reviewing a district court's decision whether to grant a judgment n.o.v., we examine whether there is substantial evidence to support the jury verdict. We determine whether the evidence presented, combined with all reasonable inferences that may be drawn from it, is sufficient to support the verdict when viewed in the light most favorable to the party winning the verdict.”
1 later decision quote this exact passage · from the majoritye.g. Collins v. State“A prison guard's liability for the use of excessive force under 42 U.S.C. Sec. 1983 is not co-extensive with the common law tort liability for battery.”
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.