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← 795 F.2d 1253 - Franklin v. Aycock

Franklin v. Aycock’s Empirical Analysis

795 F.2d 1253 · 1986

Citation profile

92
cited by 92 later decisions
August 2016
most recently cited

66 federal appellate ·

How this case has been cited

Cited by 92 later decisions — most recently August 2016 · most notably Newsom v. Norris (1989), Nasim v. Warden, Maryland House of Correction (1995)

66 federal appellate ·

4401986199020002010decided

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 Anderson v. City of Bessemer City · United States v. United States Gypsum Co. · Wolff v. McDonnell · Parratt v. Taylor · Daniels v. Williams

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

  1. “EAST CLEVELAND CODIFIED ORDINANCE § 1301.04(a). The City was entitled to demand an entire building plan if it concluded that the changes required would affect the safety of the building. Plaintiff has produced no evidence that the repairs needed were only minor. 8 Plaintiff next claims that he was denied procedural due process because he was denied an adequate administrative appeal. In order to make out a valid procedural due process claim, plaintiff must show three things: (1) that he has a life, liberty, or property interest protected by the Due Process Clause; (2) that that interest was”
    1 later decision quote this exact passage · from the majority
  2. “although a spontaneous attack by a guard is 'cruel' and, we hope, 'unusual,' it does not fit any ordinary concept of 'punishment.' " Id. at 1032. 6 An isolated incident like that allegedly committed by Russell does not rise to the level of an eighth amendment violation for two closely related reasons. First, a plaintiff in a prisoner's section 1983 suit must establish more than gross negligence. He must prove "conduct that shocks the conscience.”
    1 later decision quote this exact passage · from the majority
  3. “In determining whether the constitutional line has been crossed, a court must look to such factors as [1] the need for the application of force, [2] the relationship between the need and the amount of force that was used, [3] the extent of injury inflicted, and [4] whether force was applied in a good faith effort to maintain or restore discipline or maliciously and sadistically for the very purpose of causing harm.”
    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.