Case Citator › Walker v. Sumner

Walker v. Sumner

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
14 F.3d 1415
Decided
Confirmed treatments
1
Flagged citations read
310 of 310
Citing cases (total)
530
Treatment dates
1995
Overruled in part
A reviewed court has overruled part of this case’s holding. All 310 flagged citations to Walker v. Sumner have been read; one of its holdings has since been displaced. Walker found, under the mandatory-language test of Hewitt v. Helms and the Ninth Circuit's Conner v. Sakai, that Nevada law gave inmates a liberty interest in remaining free from arbitrary placement in disciplinary segregation.
More on how this was screened

Sandin v. Conner (1995) reversed Conner v. Sakai, abandoned that test, and held that such segregation is not an atypical, significant deprivation. Sandin does not name Walker; later courts record the change, among them the Eighth Circuit in Wright v. First Student, Inc. (2013) ("abrogated on other grounds by Sandin v. Conner"). Walker's service-of-process and prisoner-witness holdings continue to be applied, and none of the 310 citing opinions treats it adversely on its own; the remaining treatment language concerned unrelated precedent.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

530 later cases cite Walker v. Sumner; 310 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 Walker v. Sumner?

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

Overruled in part

  • The Supreme Court displaced Walker's holding that Nevada's prison rules give an inmate a liberty interest in staying out of disciplinary segregation: segregation of that kind is not the atypical, significant deprivation in which a State might create one.

    Sandin v. Conner · Supreme Court of the United States · filed

    We hold that Conner’s discipline in segregated confinement did not present the type of atypical, significant deprivation in which a State might conceivably create a liberty interest.
    Read the full opinion on CourtListener →

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