Simmons v. Dickhaut’s Empirical Analysis
804 F.2d 182 · 1986
Citation profile
19 federal appellate · 44 district · 1 state decisions
How this case has been cited
Cited by 73 later decisions — most recently March 2016 · most notably Germany v. Vance (1989), Monsky v. Moraghan (1997)
19 federal appellate · 44 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 Conley v. Gibson · Haines v. Kerner · 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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is decisive that the harm complained of is ... the ... denial [of] a substantive, constitutional right”
2 later decisions quote this exact passage · from the majority“The right of access is a discrete, constitutional right, derived from various constitutional sources. It springs in part from the due process clause, Wolff v. McDonnell, 418 U.S. 539, 579 [ 94 S.Ct. 2963, 2986 , 41 L.Ed.2d 935 ] (1974); the privileges and immunities clause, Chambers v. Baltimore & Ohio Railroad, 207 U.S. 142, 148 [ 28 S.Ct. 34, 35 , 52 L.Ed. 143 ] (1907); and the First Amendment, California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508, 513 [ 92 S.Ct. 609, 612-13 , 30 L.Ed.2d 642 ] (1972). See generally Ryland v. Shapiro, 708 F.2d 967, 971-72 (5th Cir.1983). The right of access is fundamental. Bounds v. Smith, 430 U.S. 817, 828 [ 97 S.Ct. 1491, 1498 , 52 L.Ed.2d 72 ] (1977). It follows logically that the allegation of intentional violation of the right of access to the courts states a cause of action under § 1983.”
1 later decision quote this exact passage · from the majority“[m]any courts [had] found a cause of action for violation of the right of access ... where it was alleged that prison officials confiscated and/or destroyed legal materials.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Maloney
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.