Lester v. Summerfield’s Empirical Analysis

Citation profile

4 state decisions

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At issue here is W. Va.Code, 7-14-8, which provides a procedure for reappointment of a former deputy.... The decision whether to reappoint a former deputy is entirely discretionary, as the statute places “eligib [ility] for appointment by reinstatement in the discretion of the civil service commission!!]” There are significant advantages that accrue to a former deputy who utilizes this procedure. For example, a deputy sheriff appointed by reinstatement need not submit to the commission’s competitive examination. Second, the appointment decision in such cases is made directly by the commission, and not by the sheriff. Finally, the reinstated deputy is not required to undergo a probationary period. It appears that W. Va.Code, 7-14-8, reflects a legislative policy to encourage deputy sheriffs who terminate them employment to return to public service. The reason for this policy is manifest: a trained deputy with prior field experience is a valuable asset to the county and additional costs in training him need not be incurred. W. Va.Code, 7-14-8, offers an incentive to apply for reinstatement by substantially easing the application process.”

   1 later decision quote this exact passage
   e.g. Meadows v. Hopkins

2. “That in the event any applicant formerly served as a deputy sheriff for a period of more than six months in the county to which he makes application, and resigned as a deputy sheriff at a time when there were no charges of misconduct or other misfeasance pending against him, within a period of two years next preceding the date of his application, and at the time of his application resides within the county in which he seeks appointment by reinstatement, then such applicant shall be eligible for appointment by reinstatement in the discretion of the civil service commission, even though such applicant shall be over the age of forty-five years, provided he is not sixty-five years of age or over, and such applicant, providing his former term of service as a deputy sheriff so justifies, may be reappointed by reinstatement without a competitive examination, but such applicant shall undergo a medical examination; and if such applicant shall be so appointed by reinstatement as aforesaid, he shall be the lowest in rank in the sher iffs office next above the probationers of the office.”

   1 later decision quote this exact passage
   e.g. Meadows v. Hopkins