Case Citator › Freeman v. Arpaio

Freeman v. Arpaio

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

Abrogated
Court
Ninth Circuit
Citation
125 F.3d 732
Decided
Confirmed treatments
1
Flagged citations read
223 of 223
Citing cases (total)
542
Treatment dates
2008

Status

Abrogated
A reviewed court treats this case as abrogated by later authority. Freeman v. Arpaio is abrogated in part. All 223 flagged citations have been read.
More on how this was screened

The one confirmed treatment is listed below: Shakur v. Schriro displaced Freeman's objective-centrality requirement for prison free-exercise claims after recognizing intervening Supreme Court authority. The other opinions applied unaffected parts of Freeman or merely reported Shakur's act in history parentheticals.

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.

542 later cases cite Freeman v. Arpaio; 223 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 Freeman v. Arpaio?

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Treatments

Abrogated

  • The Ninth Circuit displaced Freeman's objective-centrality test for prison free-exercise claims with a sincerity test, recognizing that intervening Supreme Court decisions disapproved the centrality inquiry.

    Shakur v. Schriro · Ninth Circuit · filed

    Nevertheless, in Freeman and Bryant, which both followed Hernandez and Smith, we continued to adhere to the objective centrality test. Given the Supreme Court’s disapproval of the centrality test, we are satisfied that the sincerity test set forth in Malik and Callahan determines whether the Free Exercise Clause applies.
    Read the full opinion on CourtListener →

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