Kervin v. Barnes’s Empirical Analysis

Citation profile

3 federal appellate · 1 district · 2 state decisions

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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he judge's second error was to suggest, echoing the Beverati decision, that a prisoner must spend at least six months in segregation before he can complain about having been deprived of liberty without due process of law. A considerably shorter period of segregation may, depending on the conditions of confinement and on any additional punishments, establish a violation, as held in such cases as Palmer v. Richards , 364 F.3d 60 , 65-67 (2d Cir. 2004) (77 days); Mitchell v. Horn , 318 F.3d 523 , 527, 532-33 (3d Cir. 2003) (90 days); and Gaines v. Stenseng , 292 F.3d 1222 , 1225-26 (10th Cir. 2002) (75 days). Six months is not an apt presumptive minimum for establishing a violation. Judges who lean toward such a presumption may be unfamiliar with the nature of modern prison segregation and the psychological damage that it can inflict.”

   1 later decision quote this exact passage · from the majority
   e.g. Halcomb v. Ravenal

2. “the critical question is how far the treatment of the complaining inmate deviates from [the] ordinary conditions”

   1 later decision quote this exact passage · from the majority
   e.g. Lisle v. Welborn