Washington v. Hively’s Empirical Analysis
695 F.3d 641 · 2012
Citation profile
6 federal appellate · 1 district · 1 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E
Relies on Hudson v. McMillian · DeWalt v. Carter · Boddie v. Schnieder · Calhoun v. Detella · Outlaw v. Newkirk
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“tend . . . to cause significant distress and often lasting psychological harm,”
2 later decisions quote this exact passage · from the majority“[Subjective intent ..., unless admitted, has to be inferred rather than observed; judges and jurors-are not mind readers. The plaintiff alleges that he complained vociferously to the defendant about the pat down and strip search while they were going on, to no avail. We don’t see how the defendant’s conduct if correctly described by the plaintiff could be thought a proper incident of a pat down or search, and the defendant doesn’t contend that it could be; his defense rather is that his conduct, has been mis-described.”
1 later decision quote this exact passage · from the majoritye.g. Harris v. Miller
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.