Fogarty v. Boles’s Empirical Analysis
121 F.3d 886 · 1997
Citation profile
15 federal appellate · 10 district ·
How this case has been cited
Cited by 47 later decisions — most recently May 2017 · most notably Fogleman v. Mercy Hospital, Inc. (2002), Mark Baldassare v. The State of New Jersey (2001)
15 federal appellate · 10 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Mt. Healthy City School District Board of Education v. Doyle · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Perry v. Sindermann · Connick v. Myers · Rankin v. McPherson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“never held that it is a violation of the Constitution for a government employer to discharge an employee based on substantively incorrect information.”
3 later decisions quote this exact passage · from the dissent“To the extent Barkoo alleges that her employers retaliated against her because they thought she was engaged in First Amendment protected speech on an issue of public concern, we reject the notion that this allegation brings her claim within the requirements of § 1983. Every § 1983 case relating to workplace freedom of speech, from Connick on down, discusses the actual speech engaged in by the employee. Barkoo not only admits, she insists that she did not provide any information to the press. Barkoo provides no authority for the proposition that her free speech rights are deprived in violation of § 1983 when the speech at issue admittedly never occurred.”
1 later decision quote this exact passage · from the concurrencee.g. Jones v. Collins“in the absence of speech, or, at the extreme, intended speech, there has been no constitutional violation cognizable under section 1983 based on an asserted 'bad motive' on the part of defendant.”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.