Norman v. Taylor’s Empirical Analysis

Citation profile

3 federal appellate ·

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

1. “Although “the least touching of another in anger is a battery,” it is not a violation of a constitutional right actionable under 42 U.S.C. § 1983 _ Not every push or shove, even if it may later seem unnecessary in the peace of a judge’s chambers, violates a prisoner’s constitutional rights. In determining whether the constitutional line has been crossed, a court must look to such factors as the need for the application of force, the relationship between the need and the amount of force that was used, the extent of injury inflicted, and 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 concurrence
   e.g. Shearin v. Correction Officer E.W. Pennington

2. “[t]he plaintiff must set out either in his own affidavit or the affidavits of other witnesses specific facts that show that the plaintiff and the defendant truly disagree about one or more important facts present in this case. The plaintiff, in his affidavits and exhibits, should address himself, as dearly as possible, to the issues and facts stated in the complaint and in the affidavits of the defendants.”

   1 later decision quote this exact passage · from the dissent
   e.g. Norman v. Taylor

3. “Although the Court stated that “contemporary standards of decency always are violated” when “prison officials sadistically and maliciously use force to cause harm”— Hudson does not hold that such a claim may be stated in the absence of any injury or one of de minimis proportions.”

   1 later decision quote this exact passage · from the majority
   e.g. Shearin v. Correction Officer E.W. Pennington