Christopher Shorter v. United States
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Fisher v. Hollingsworth supplied the one confirmed adverse treatment listed below. The other opinions applied Shorter positively, cited unaffected parts of its reasoning, or reported Fisher's later act in citation-history parentheticals; none independently wounded Shorter.
1,320 later cases cite Christopher Shorter v. United States; 490 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 Christopher Shorter v. United States?
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 court recognized that Egbert abrogated Shorter's holding permitting an Eighth Amendment Bivens failure-to-protect claim for inmate-on-inmate violence.
Fisher v. Hollingsworth · Third Circuit · filed
Defendants respond that Bistrian and Shorter have been abrogated by the Supreme Court’s later decision in Egbert v. Boule. We agree. ... Because Bistrian and Shorter took a more lenient approach than Egbert, we now recognize their abrogation. ... Applying Egbert to the facts of this appeal, we hold that there is no implied constitutional damages action against federal officials who fail to protect prisoners from the criminal acts of their fellow inmates.
Read the full opinion on CourtListener →
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