160 W. Va. 723 - Powell v. Brown’s Empirical Analysis
1977
Citation profile
78 state decisions
How this case has been cited
Cited by 80 later decisions — most recently October 2010 · most notably 177 W. Va. 145 - Dillon v. Bd. of Educ. of County of Wyoming (1986), 163 W. Va. 454 - Morgan v. Pizzino (1979)
78 state decisions
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
Relies on Board of Regents of State Colleges v. Roth · Perry v. Sindermann · Vitarelli v. Seaton · Johnson v. Branch · Thomas Justin Orr v. Raymond E. Trinter
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Every employee is entitled to know how well he is performing his job, and should be offered the opportunity of open and honest evaluation of his performance on a regular basis. Any decision concerning promotion, demotion, transfer or termination of employment should be based upon such evaluation, and not upon factors extraneous thereto. Every employee is entitled to the opportunity of improving his job performance prior to the terminating or transferring of his services, and can only do so with assistance of regular evaluation. (b) Every employee is entitled to "due process" in matters affecting his employment, transfer, demotion or promotion.”
3 later decisions quote this exact passage““W.Va.Code, 18A-2-2 [1969] provides that a teacher’s initial employment contract shall be for a term of not less than one nor more than three years. After three years’ employment, a qualified teacher may, upon the county superintendent’s nomination and the county school board’s approval, enter into a continuing employment contract. W. Va. Code, 18-4-10 [1967]. The first three years of employment are considered to be ‘probationary.’ A teacher whose contract is renewed after the probationary period has acquired ‘tenure.’ The concept of tenure is designed to secure a high degree of self-expression and freedom from undue influences for those teachers who have proven themselves worthy. A tenured teacher may have his or her contract terminated by a school board only for those causes specifically set forth in W.Va.Code, 18A-2-8 [1969].” 8”
1 later decision quote this exact passage“Here, then the grievance procedure extends rights beyond those constitutionally required and there is excellent authority to rely upon in requiring the board to afford the rights to Powell. .... We need to go no further than to hold the county superintendent and school board to the notions of fair play and due process which they have chosen to accord employees under their own regulations.”
1 later decision quote this exact passage
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.