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← 269 FRD 21 - Moore v. Napolitano

Moore v. Napolitano’s Empirical Analysis

2010

Citation profile

5
cited by 5 later decisions
December 2015
most recently cited

1 federal appellate · 3 district ·

Relationships

Applies 42 U.S.C. § 1981A · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)

Relies on International Brotherhood of Teamsters v. United States · Eisen v. Carlisle & Jacquelin · General Telephone Co. of Southwest v. Falcon · Hansberry v. Lee · Connecticut v. Teal

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

  1. “Leroy Hendrix alleges that “[b]ecause of the Secret Service’s discriminatory promotions process, [he] was forced to bid for more than 230 different GS-14 positions prior to finally being promoted, even though he was qualified for each and every position.” (Id. at 52 (citing Ex. 87).) Hendrix, an African-American, further alleges that he was not selected for a position “when his score was ten points higher than the selectee’s score.” (Id. at 53 (citing Ex. 88 at 455).) Hendrix “bid on and was not selected for over forty GS-15 positions” and claims that, although he was “the most qualified choice” for a Special Services Division/White House Mail position, he was not selected and was “forced to vacate his office to make room for the white selectee, and ... train that Agent.” (Id. at 53-54.) Hendrix states that he “was finally promoted to a GS-15 Assistant Special Agent in Charge position in the Los Angeles Field Office” but that “he was required to accept a cross-country move to be promoted[.]” (Id. at 54.)”
    1 later decision quote this exact passage · from the majority
  2. “Andrew Harris was hired by the Secret Service in 1987 and alleges that due to the Secret Service’s discriminatory practices against African-Americans, he “had to file EEO complaints in order to be (1) hired, (2) promoted to GS-14, and (3) promoted to GS-15.” (Id. at 49.) Harris alleges that he “bid on and was denied more than 20 GS-14 positions, despite his qualifications, due to the discriminatory promotions process.” (Id. (citing Ex. 80).) Harris alleges that the Secret Service told him that he must “bid outside of D.C. to be promoted” even though the requirement to bid outside of the District of Columbia “is not written in the MPP, and is not imposed on white Agents; instead, it only serves as a barrier to the promotion of African-American Agents.” (Id. at 51.) For support, Harris compiled a list of “thirty-two non-African-American Agents who were promoted from GS-13 to GS-14, and from GS-14 to GS-15, without ever leaving the Washington, D.C. area.” (Id. at 51-52 (citing Ex. 85).)”
    1 later decision quote this exact passage · from the majority
  3. “Yvette Summerour claims that she experienced discrimination by the Secret Service even before it hired her because it delayed her hiring by five years and that, after being hired, from 1998 through 2001, she “applied for and was denied promotion to almost 70 GS-14 positions.” (Id. at 44-45.) In the “calendar year before this lawsuit was filed ..., [she] applied for and was denied promotion to twelve GS-14 positions.” (Id. at 45.) Summerour also alleges that she was “passed over for promotion in favor of a white (male) Agent who had previously been transferred” as a result of sexually harassing her. (Id. at 45-46.) Summerour claims further that she was “denied dozens of promotions for which she made the [BQL]” and that it was only as a result of this lawsuit that she “was finally promoted to a GS-14 position[.]” (Id. at 46.) Summerour “and another African-American female [agent] ... were the first GS-14 African-American female [SAs] in the history of the Secret Service.” (Id.)”
    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.