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← 997 A.2d 1242 - Torres v. Beard

Torres v. Beard’s Empirical Analysis

2010

Citation profile

3
cited by 3 later decisions
1
states following
December 2018
most recently cited

3 state decisions

Relationships

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Sandin v. Conner · Huntzinger v. United States · Bronson v. Commonwealth Board of Probation & Parole · Small v. Horn · Baldwin v. United States

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. “appear[s] with certainty that the law will not permit recovery.”
    2 later decisions quote this exact passage
  2. “5. ... These boots are being confiscated without a pre[-]deprivation hearing in violation of [Section 101 of the Administrative Agency Law,] 2 Pa.C.S. § 101, and the [Department's] own policy DC[-]ADM 815. ( [C]opy attached). 6. Private property cannot be taken by the government without due process. What process is due, at a minimum, to one who has lost property via the action of a Pennsylvania [s]tate [a]gency is addressed under Administrative Agency Law. [ Section 101 ] of the Administrative Agency Law defines an 'adjudication' as any decision by an agency affecting property rights. The decision to confiscate my boots by the [Department], without my consent, is an adjudication under this definition. .... 8. These boots are also being confiscated in violation of the [Department's] own policy and procedures, DC[-]ADM 815, which states[:] DC[-]ADM 815, pg. 2/3, par[a]g. 6. Exceptions. a. An inmate will be permitted to keep no longer permitted items, as long as the items were noted on [his] [I]nmate[ ] ... Personal Property Inventory form ... [.] ( [C]opy attached). 9. These boots were chosen by the [Department], the only boots available for purchase, and sold to me by the [Department] at a profit, for $92.65. ( [M]aster [C]ommissary list attached). 10. The [Department] has a duty to follow [its] own policy and procedures, in the instant matter DC[-]ADM 815, and ergo I [have] a right to keep my personal property. 11. The [Department] has a duty, and I [have] a right, to a pre[-”
    1 later decision quote this exact passage

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.