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Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Moore v. Winebrenner
Withers held that "[w]hen there is present in a prison ... a pervasive risk of harm ..., the constitutional prohibition against cruel and unusual punishment requires that prison officials exercise reasonable care to provide reasonable protection from such unreasonable risk of harm." Id. at 162.
discussed
Cited as authority (rule)
Richardson v. Penfold
See Murphy v. United States, 653 F.2d 637 (D.C.Cir.1981); Jones v. Diamond, 636 F.2d 1364 (5th Cir.1981), cert. dismissed, 453 U.S. 950 , 102 S.Ct. 27 , 69 L.Ed.2d 1033 (1981); Withers v. Levine, 615 F.2d 158 (4th Cir.1980), cert. denied, 449 U.S. 849 , 101 S.CT. 136, 66 L.Ed.2d 59 (1980).
discussed
Cited as authority (rule)
Weldon Wiggins v. Ruth Rushen, Director of the California Department of Corrections, Main Classification Committee at Soledad
(2×)
The court said: 17 [The plaintiff] is still in Maryland's prison system, and, since he had been previously considered appropriate for minimum custody housing, he again may be transferred to [the prison where he originally was incarcerated]. 18 Id. at 161; see also Hardwick v. Brinson, 523 F.2d 798, 800 (5th Cir.1975) (prisoner, alleging prison mail censorship, allowed to continue action despite transfer to another prison because state officials "were unable to advise that appellant would not be returned to the Reidsville Prison"). 19 As to the "evading review" prong of the test, I share the co…
discussed
Cited "see"
Front Royal & Warren County Industrial Park Corp. v. Town of Front Royal
See Withers v. Levine, 615 F.2d 158, 163 (4th Cir.), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980) (noting that it was a mistake for the plaintiff to address the defendants’ qualified immunity defense in terms of the distinction between discretionary and ministerial actions.) In McCoy v. Webster, 47 F.3d 404, 407 (11th Cir.1995), the court held that qualified immunity is available for officials who undertake ministerial acts, so long as the ministerial duty falls within the scope of the official’s overall discretionary authority.
cited
Cited "see"
Williams v. Willits
See Withers v. Levine, 615 F.2d 158, 162 (4th Cir.), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980).
cited
Cited "see"
Williams v. Willits
See Withers v. Levine, 615 F.2d 158, 162 (4th Cir.), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980).
cited
Cited "see"
Judd v. Packard
See Withers v. Levine, 615 F.2d 158 (4th Cir.), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980).
discussed
Cited "see"
Meredith Coleman v. Nyal Frantz, Sheriff of Wells County, Indiana
(2×)
See Withers v. Levine, 615 F.2d 158, 161 (4th Cir.1980), certiorari denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 .
discussed
Cited "see"
Gerald B. Murphy, a Minor, by and Through His Parents and Next of Friends, Girlie A. Murphy and William C. Murphy v. United States of America
See id. at 270-73 21 Cf. Withers v. Levine, 615 F.2d 158, 161 (4th Cir.), cert. denied, --- U.S. ----, 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980) (constitutional violation to fail to take reasonable precautions to prevent pervasive pattern of inmate assaults) 22 Tr. 5/7/79 at 58 23 See Withers v. Levine, supra, 615 F.2d at 161 ; Woodhous v. Commonwealth of Virginia, 487 F.2d 889, 890 (4th Cir. 1973) 24 Appellant points to the Director's duty to provide "treatment" for YCA offenders generally in specifically designated facilities in 18 U.S.C. § 5011 , as well as the duty to make reports and recommen…
cited
Cited "see, e.g."
Skaff v. West Virginia Human Rights Commission
See, e.g., Withers v. Levine, 615 F.2d 158 (4th Cir.1980), ce rt. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980); Holt v. Sarver, 442 F.2d 304 (8th Cir.1971).
discussed
Cited "see, e.g."
Ronald E. Ting v. United States of America the Federal Bureau of Investigation Drug Enforcement Administration Internal Revenue Service Joe Sheehan
(2×)
See, e.g., Withers v. Levine, 615 F.2d 158, 162 (4th Cir.) (duty to protect high risk inmates from known risk of homosexual assault by other inmates), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980).
discussed
Cited "see, e.g."
Stoneking v. Bradford Area School District
See, e.g., Withers v. Levine, 615 F.2d 158 (4th Cir.), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980) 11 ; Spence v. Staras, 507 F.2d 554 (7th Cir.1974). 12 Clearly then, the constitution must offer school children similar protection.
discussed
Cited "see, e.g."
Balistreri v. Pacifica Police Department
Id.; See, e.g., Withers v. Levine, 615 F.2d 158 (4th Cir.1980), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980) (prison inmates under known risk of harm from homosexual assaults by other inmates); Davis v. Zahradnick, 600 F.2d 458 (4th Cir.1979) (inmate under observed attack by another inmate); Woodhous v. Virginia, 487 F.2d 889 (4th Cir.1973) (same as Withers).
cited
Cited "see, e.g."
Chinchello v. Fenton
Compare Withers v. Levine, 615 F.2d 158, 161 (4th Cir.1980), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 .
cited
Cited "see, e.g."
Chinchello v. Fenton
Compare Withers v. Levine, 615 F.2d 158, 161 (4th Cir.1980), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59
cited
Cited "see, e.g."
Guillermina Cortes Quinones and Alberto Almodovar Medina v. Charles Jimenez Nettleship
See, e.g., Withers v. Levine, 615 F.2d 158 (4th Cir.), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980).
cited
Cited "see, e.g."
Porm v. White
See also Withers v. Levine, 615 F.2d 158, 161 (4th Cir.), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980); Woodhous v. Virginia, 487 F.2d 889, 890 (4th Cir.1973).
cited
Cited "see, e.g."
Porm v. White
See also Withers v. Levine, 615 F.2d 158, 161 (4th Cir.), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980); Woodhous v. Virginia, 487 F.2d 889, 890 (4th Cir.1973).
discussed
Cited "see, e.g."
Roy E. Daniels v. Andrew Williams, Deputy
(2×)
See, e.g., Withers v. Levine, 615 F.2d 158, 162 (4th Cir.), cert. denied, 449 U.S. 849 , 101 S.Ct. 136 , 66 L.Ed.2d 59 (1980) (negligent failure to protect prison inmate against known threats of physical harm). 2 Finally, with all deference, I simply cannot accept the majority’s apparent holding that somehow the fourteenth amendment imposes a more stringent duty upon the states to avoid deprivations of the property than the liberty interests of either their prison inmates or citizens in their free societies.
discussed
Cited "see, e.g."
Eloise Beard, as Administratrix of the Estate of Jeff Beard, Deceased v. William M. O'Neal
(2×)
First, Bowers’s generalization that the Constitution creates no affirmative duties is not strictly true. 1 In several situations involving government initiative or control the Supreme Court has recognized positive governmental duties arising from the Constitution: prison officials not only must refrain from actively imposing cruel and unusual punishments, but also must not be deliberately indifferent to prisoners’ medical needs, see Estelle v. Gamble, 429 U.S. 97,104-06 , 97 S.Ct. 285, 291-92 , 50 L.Ed. 251 (1976); the government is not altogether forbidden to take private property for pub…
Retrieving the full opinion text from the archive…
Huang
v.
Rosen
v.
Rosen
No. 79-6533.
Supreme Court of the United States.
Oct 6, 1980.
Published
Ct. App. D. C. Certiorari denied.