Robert Brennan v. Michael J. Cunningham, Etc.’s Empirical Analysis
813 F.2d 1 · 1987
Citation profile
18 federal appellate · 13 district · 6 state decisions
How this case has been cited
Cited by 54 later decisions (2 by the Supreme Court) — most recently September 2020 · most notably Kentucky Department of Corrections v. Thompson (1989), Rumsfeld Secretary of Defense v. Padilla et al. (2004)
18 federal appellate · 13 district · 6 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 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Mathews v. Eldridge · Morrissey v. Brewer · Wolff v. McDonnell · Bell v. Wolfish · Ohio Bureau of Employment Services v. Hodory
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“he remains under confinement in a correctional institution,”
3 later decisions quote this exact passage · from the majority““that particularized standards or criteria guide the State’s decisionmakers.” If the decisionmaker is “not required to base its decisions on objective and defined criteria,” but instead “can deny the requested relief for any constitutionally permissible reason or for no reason at all,” ... the State has not created a constitutionally protected liberty interest.”
2 later decisions quote this exact passage · from the majoritye.g. Lanier v. Fair · Dominique v. Weld“Placement at the Community Correction Center is a privilege of the New Hampshire State Prison system and residents who do not abide by the Center rules and regulations may be returned to the Prison. More specifically, violations of the following rules will result in immediate return to custody: [a — f, including introduction of drugs, use of violence, and “inability to adjust to the program,” etc.]. Community Correction Centers — Handbook of Rules and Regulations (“Handbook”), Rule 1:6 (“Return to Custody”).”
1 later decision quote this exact passage · from the majoritye.g. Dominique v. Weld
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.