Romano v. Howarth’s Empirical Analysis
998 F.2d 101 · 1993
Citation profile
25 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 115 later decisions — most recently July 2019 · most notably Boddie v. Schnieder (1997), McEachin v. McGuinnis (2004)
25 federal appellate · 5 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on United States v. Olano · Estelle v. Gamble · Gregg v. Georgia · Wilson v. Seiter · Whitley v. Albers
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 115 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If an evaluation of these factors leads the [trier of fact] to conclude that the defendants acted maliciously, wantonness has been established. And an Eighth Amendment violation has occurred. If, on the other hand, reflection upon these factors leads the [trier of fact] to find that the defendants acted in a good-faith effort to maintain and restore discipline, no constitutional violation has occurred because the subjective component of the claim has not been satisfied.”
13 later decisions quote this exact passage · from the majority“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.”
6 later decisions quote this exact passage · from the majority“a de minimis use of force will rarely suffice to state a constitutional claim,”
5 later decisions quote this exact passage · from the majority
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.