Lucas v. Hodges’s Empirical Analysis
730 F.2d 1493 · 1984
Citation profile
28 federal appellate · 7 district ·
How this case has been cited
Cited by 42 later decisions (1 by the Supreme Court) — most recently August 2007 · most notably Sandin v. Conner (1995), Jackson v. Cain (1989)
28 federal appellate · 7 district ·
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 28 U.S.C. § 1391 · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Board of Regents of State Colleges v. Roth · Haines v. Kerner · Wolff v. McDonnell · Perry v. Sindermann
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Long before Hewitt , the Supreme Court announced often, albeit in dicta, that the state could create a liberty interest not only by statutory restrictions on official discretion but by administrative rules and regulations. See e.g., Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 465, 466 , 101 S.Ct. 2460, 2464, 2465 , 69 L.Ed.2d 158 (1981) ("The ground for a constitutional claim must be found in statutes or other rules defining the obligations" of prison authorities; here, “there are no explicit standards by way of statute, regulation or otherwise”); id. at 467 , 101 S.Ct. at 2465 (Brennan, J. concurring) ("respondents must show — by reference to statute, regulation, administrative practice, contractual arrangements or other mutual understanding —that particularized standards or criteria guide the State’s decisionmakers.”); Vitek v. Jones, 445 U.S. 480, 489 , 100 S.Ct. 1254, 1261 , 63 L.Ed.2d 552 (1980) (approving district court’s reliance on “objective expectation, firmly rooted in state law and official Penal Complex practice”); Montanye v. Haymes, 427 U.S. 236, 243 , 96 S.Ct. 2543, 2547 , 49 L.Ed.2d 466 (1976) (referring to absence of regulations governing transfer of prisoners.) Cf. Meachum v. Fano, 427 U.S. 215, 229 , 96 S.Ct. 2532, 2540 , 49 L.Ed.2d 451 (1976) (state may create procedural rights "whether by statute, by rule or regulation”).”
1 later decision quote this exact passage · from the concurrencee.g. Flowers v. Fauver“Thus the Supreme Court’s recent decisions indicate that, although the existence of explicit mandatory procedural requirements may contribute to the creation of a liberty interest, such requirements are neither sufficient nor necessary. The key to determining whether the state has created a liberty interest giving rise to a due process claim is whether it has set out substantive criteria on which the decision-maker must base the imposition of restrictions or the withholding of benefits.”
1 later decision quote this exact passage · from the concurrence“it is a familiar principle of federal administrative law that agencies may be bound by their own substantive and procedural rules and policies, whether or not published in the Federal Register, if they are intended as mandatory”
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.