Prager v. LaFaver’s Empirical Analysis
180 F.3d 1185 · 1999
Citation profile
14 federal appellate · 24 district ·
How this case has been cited
Cited by 64 later decisions — most recently February 2019 · most notably Alvarado v. KOB-TV, L.L.C. (2007), Worrell v. Henry (2000)
14 federal appellate · 24 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 Harlow v. Fitzgerald · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Connick v. Myers · Johnson v. Jones · 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Pickering v. Board of Educ., 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968), and its progeny set forth the applicable framework for determining the First Amendment rights of public employees ... See Moore v. City of Wynnewood, 57 F.3d 924, 931 (10th Cir. 1995). Under this framework, we must first decide whether the employee’s speech may be “fairly characterized as constituting speech on a matter of public concern.” Connick v. Myers, 461 U.S. 138, 146 , 103 S.Ct. 1684 , 75 L.Ed.2d 708 (1983). We determine this “by the content, form, and context of a given statement; as revealed by the whole record.” Id. at 147-48 , 461 U.S'. 138, 103 S.Ct. 1684 , 75 L.Ed.2d 708 . If the speech addressed a matter of public concern, we must next balance the employee’s “interest in making [his] statement against ‘the interest of the State, as an employer, in promoting the efficiency of the public services it performs through it employees.’ ” Rankin v. McPherson, 483 U.S. 378, 388 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987) (quoting Pickering, 391 U.S. at 568 , 88 S.Ct. 1731 ). These two steps in the inquiry present legal issues to be resolved by the court. See Gardetto v. Mason, 100 F.3d 803, 811 (10th Cir.1996).”
3 later decisions quote this exact passage“[u]nder the doctrine of qualified immunity, government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established . . . constitutional rights of which a reasonable person would have known.”
2 later decisions quote this exact passage“if a plaintiff does not incorporate by reference or attach a document to its complaint, but the document is referred to in the complaint and is central to the plaintiffs claim, a defendant may submit an indisputably authentic copy to the court to be considered on a motion to dismiss.”
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.