929 F. Supp. 325 - Jihad v. Wright’s Empirical Analysis

Citation profile

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

1. “If avoidance of long term medical isolation in extremely restricted conditions is a dramatic departure from an inmate’s sentence in which a state might conceivably create a liberty interest, the court would need to evaluate Indiana law to determine whether Indiana may have created a liberty interest. In Cameron v. Metcuz, 705 F.Supp. 454 (N.D.Ind.1989), this court assumed, without deciding, that “medical personnel and health officials responsible for the health and welfare of persons committed to the Department of Corrections are subject to the reporting and preventative measures enacted by the Indiana legislature.” In that action, Cameron asserted violation of the Due Process Clause because prison officials had not isolated an HIV positive inmate who subsequently assaulted him. The court concluded that even assuming arguendo that Indiana’s reporting and preventative measures applied to prisoners confined in the Indiana Department of Correction, they created no liberty interest that benefited Cameron. In this action, however, defendant Wright admits that Jihad was placed on long term medical isolation without a determination having been made that he had a communicable disease. If Indiana could conceivably create a liberty interest for an inmate to avoid long term medical isolation unless he actually has an infectious communicable disease, then the court will have to decide whether Indiana’s reporting and preventative measures apply to inmates.”

   1 later decision quote this exact passage
   e.g. Jones-Bey v. Wright

2. “To the extent that the government’s interest is in protecting inmates and staff from tuberculosis, the defendants have not shown that the plaintiffs confinement is the least restrictive means of furthering that interest. Only active tuberculosis is contagious; the defendants’ primary concern must therefore be to prevent the plaintiff from developing active tuberculosis and thereby becoming a source of contagion. By identifying inmates with latent tuberculosis, the PPD test serves to identify those inmates at risk of developing active tuberculosis. The plaintiff, by refusing to take the PPD test, is also at risk of developing active tuberculosis, because his TB status is unknown. The defendants could treat him as an inmate at risk — as though he had tested positive and refused to take preventive medication. The defendants could require his periodic submission to chest x-rays and spatum samples.”

   1 later decision quote this exact passage
   e.g. Jones-Bey v. Wright