Gregory A. Ivey v. George Wilson, Ron Hanley, Lt. Barnes, Robert Hendricks, Dewey Sowders, Capt. Barnett, Phil Parker, Andy Knight, and Tom Stewart
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
All 28 flagged citations have been read; the one confirmed change is listed below. The Sixth Circuit's later Carney v. Craven opinion applies the new hardship test while continuing to cite Ivey for its verbal abuse rule.
28 later cases cite Gregory A. Ivey v. George Wilson, Ron Hanley, Lt. Barnes, Robert Hendricks, Dewey Sowders, Capt. Barnett, Phil Parker, Andy Knight, and Tom Stewart; 28 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Gregory A. Ivey v. George Wilson, Ron Hanley, Lt. Barnes, Robert Hendricks, Dewey Sowders, Capt. Barnett, Phil Parker, Andy Knight, and Tom Stewart?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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The Supreme Court displaced the mandatory language test Ivey used to find a state-created liberty interest in avoiding prison segregation, requiring an atypical and significant hardship instead.
Sandin v. Conner · Supreme Court of the United States · filed
In light of the above discussion, we believe that the search for a negative implication from mandatory language in prisoner regulations has strayed from the real concerns under-girding the liberty protected by the Due Process Clause. ... But these interests will be generally limited to freedom from restraint which ... nonetheless imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.
Read the full opinion on CourtListener →
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