Barone v. Hatcher’s Empirical Analysis
1997
Citation profile
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Wolff v. McDonnell · Heck v. Humphrey · Sandin v. Conner
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For two reasons, we think Gotcher is the precedent to follow. First, it is directly on point ... it squarely holds that a challenge to the procedures used in a disciplinary hearing which resulted in placement in disciplinary segregation (and no other punishment or segregation) is not cognizable under § 1983. Second, it is the most recent of the three post-[Edwards'] Ninth Circuit cases. True, [Edwards ] itself has not yet been decided by that Court on remand, and when it is it may change the legal landscape, but until then ... we think it best to simply follow the most recent case. As a result, we are forced to conclude, in concord with the Magistrate Judge, that the present action is largely foreclosed by Edwards v. Balisok. We are not entirely happy with this result, because as interpreted [Edwards} implicitly overrules Sandin v. Conner, 515 U.S. 472 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995)[] at least in part. But we must follow Circuit case law come what may. Because our holding applies regardless of the collateral consequences flowing from [plaintiff's punishment (such as a smaller chance of being paroled), those collateral consequences make no difference.”
1 later decision quote this exact passage · from the concurrence
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.