Mascho v. Gee’s Empirical Analysis
24 F.3d 1037 · 1994
Citation profile
8 federal appellate · 4 district ·
How this case has been cited
Cited by 21 later decisions — most recently May 2015
8 federal appellate · 4 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 Board of Regents of State Colleges v. Roth · Paul v. Davis · Shands v. City of Kennett · Kirksey v. City of Ft. Smith
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“good name, reputation, honor, or integrity,”
4 later decisions quote this exact passage · from the majority“Unsatisfactory performance or general misconduct are insufficient to create a stigma that implicates an employee’s liberty interest in his reputation. Robinson v. City of Montgomery City, 809 F.2d 1355 (8th Cir.1987); Shands, 993 F.2d at 1347 . In Robinson , we held that a city press release was insufficiently stigmatizing to implicate the liberty interests of a discharged police chief where the press release indicated that the city was dissatisfied with the chiefs performance. Robinson, 809 F.2d at 1356 . Similarly, in Shands we held that general allegations of misconduct and insubordination did not rise to the requisite level of constitutional stigma. Shands, 993 F.2d at 1347 . We noted that “[t]he requisite stigma has been found in cases in which the employer has accused the employee of dishonesty, immorality, criminality, racism, or the like.” Id. Furthermore, we rejected a claim that such stigma might be created by innuendo from inferences drawn from general allegations of misconduct and insubordination. The statements made by the Department and its employees in the case before us do not appear to create the level of stigma necessary to implicate Mr. Mascho’s liberty interest in his reputation. The official reason given for his discharge, namely, “not performing the functions of a supervisor,” amounts to no more than the statement of dissatisfaction issued by the city in Robinson . The reasons advanced by the Department in the ESD proceedings, that Mas-cho failed to comp”
1 later decision quote this exact passage · from the majority“seriously damage his standing and associations in his community, or foreclose his freedom to take advantage of other employment opportunities.”
1 later decision quote this exact passage · from the majority
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.