Bacon v. Patera’s Empirical Analysis
772 F.2d 259 · 1985
Citation profile
27 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 59 later decisions — most recently March 2017 · most notably Burg v. Gosselin (2010), DePiero v. City of Macedonia (1999)
27 federal appellate · 4 district · 2 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 Terry v. Ohio · Harlow v. Fitzgerald · Board of Regents of State Colleges v. Roth · Bell v. Wolfish · United States v. Mendenhall
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Most eighth amendment claims have involved the constitutionality of state treatment for individuals already convicted of crimes. Those few cases finding eighth amendment violations in preconviction conduct by the state have all involved the infliction of some kind of physical abuse. It would require a tremendous expansion of eighth amendment doctrine to hold that simply misuse of the state’s prosecutorial machinery constitutes the type of “cruel and unusual punishment” that the eighth amendment was meant to prohibit (internal citations omitted).”
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.