Schenck v. Edwards’s Empirical Analysis

Citation profile

2 district · 2 state decisions

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

1. “At a minimum [the state actors] are entitled to qualified immunity from damages. The court is not aware of any clearly established law in this circuit which requires the inmate’s presence during an inspection of the legal documents in his cell. One cannot legitimately extrapolate ... [from] incoming and outgoing grievance mail, and conclude that it amounts to clearly established law that an inmate’s legal documents in his cell may only be inspected in his presence. Furthermore, a reasonable officer could believe that inspecting an inmate’s legal documents outside his presence is lawful ....”

   1 later decision quote this exact passage
   e.g. Giba v. Cook

2. “requiring the inmate’s presence during a cell search takes away the element of surprise and randomness which makes searches so effective in ferreting out contraband. According to the Supreme Court: “Virtually the only place inmates can conceal weapons, drugs, and other contraband is in their cells. Unfettered access to these cells by prison officials, thus is imperative if drugs and contraband are to be ferreted out and sanitary surroundings are to be maintained.””

   1 later decision quote this exact passage
   e.g. Giba v. Cook