Berg v. Kincheloe’s Empirical Analysis
794 F.2d 457 · 1986
Citation profile
85 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 164 later decisions — most recently August 2018 · most notably McGuckin v. Smith (1992), Simmons v. City of Philadelphia (1991)
85 federal appellate · 5 district · 1 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))
Relies on Estelle v. Gamble · Bell v. Wolfish · Hudson v. Palmer · Ohio Bureau of Employment Services v. Hodory · Solem v. Helm
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 164 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'deliberate indifference' to the threat of serious harm or injury by another prisoner.”
20 later decisions quote this exact passage · from the majoritye.g. Alley v. Gobles · Saleem v. Atiyeh“The party opposing summary judgment may not rest on conclusory allegations, but must set forth specific facts showing that there is a genuine issue for trial.”
6 later decisions quote this exact passage · from the majority“believe to a moral certainty that one inmate intends to attack another at a given place at a time certain before the officer is obligated to take steps to prevent such an assault. But, on the other hand, he must have more than a mere suspicion that an attack will occur.”
5 later decisions 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.