Siluk v. Merwin’s Empirical Analysis
783 F.3d 421 · 2015
Citation profile
5
cited by 5 later decisions
1
cited 1 times by the Supreme Court
January 2016
most recently cited
1 district ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1915
Relies on Wolff v. McDonnell · Neitzke v. Williams · Connecticut National Bank v. Germain · Bounds v. Smith · Rhodes v. Chapman
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the two subsections address different situations and neither the statutory text nor the relationship between the two subsections suggests that we read the statute with such rigidity. Subsection (b)(1) deals with a one-time initial partial filing fee withdrawn when [and only when] funds exist. The amount of that fee is based on income or account balance during the prior six months. In contrast, subsection (b)(2) deals with ongoing monthly payments that are withdrawn only when the prisoner’s account balance exceeds $10. The amount debited pursuant to subsection (b)(2) is based on the prior month’s income.”
1 later decision quote this exact passage · from the majority“the prisoner shall be required to make monthly payments of 20 percent of the preceding month’s income credited to the prisoner’s account. The agency having custody of the prisoner shall forward payments from the prisoner’s account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid.”
1 later decision quote this exact passage · from the majority“although Congress intended to deter frivolous litigation by requiring IFP prisoners to bear some marginal cost, Congress did not intend to create a payment scheme that would ensure fees be paid as expeditiously as possible or that would create tension with an inmate’s constitutional right of access to the courts.”
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.