Wernsing v. Thompson’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “performs highly responsible, sensitive, and confidential investigative work; conducts the gathering and analysis of relevant facts and data concerning abuse and neglect investigations; completes investigations by preparing reports, summarizing investigative activities and recommends conclusions to findings. SPECIFICALLY: 1. Conducts confidential, sensitive, and complex investigations concerning reports of abuse and neglect at State-operated facilities and community agencies: gathers data and evidence, conducts interviews, receives reports and analyzes relevant evidence concerning cases of abuse and neglect; ensures that case reports are comprehensive and accurate; takes initial statements from staff. 2. Prepares written investigative reports upon the completion of the investigative process consisting of a summary of actions taken, findings, preservations of evidence and recommendation for corrective action and/or case closure. 3. Maintains confidential files pertaining to cases under investigation; ensures the security of all pertinent information gathered during the investigatory process. 4. Recommends revisions to investigatory procedures and practices. 5. Serves as an expert witness and provides testimony in criminal and administrative hearings related to the conducting of or results of the investigation. 6. Performs other duties as required or assigned which are reasonably within the scope of the duties enumerated above.”

   1 later decision quote this exact passage · from the majority
   e.g. Wernsing v. Thompson

2. “No one in the OIG is represented by a Union that is in any sort of contractual agreement with DHS. Thus we don’t have to honor anything that their union representative requests unless it is consistent with the rights all employees are entitled to by state or federal law. In other words, they follow the direction of their union representative at their own peril. With respect to the statements made to union personnel, the courts have said that employers may regulate the speech of certain employees in certain circumstances. Thus, they should know the law on this matter, before discussing OIG matters with outside individuals.”

   1 later decision quote this exact passage · from the majority
   e.g. Wernsing v. Thompson

3. “In answer to your question, Deputy I.G. Sydney Roberts indicated to me that no one in the OIG is represented by a Union that has a contractual agreement with DHS. Thus, we don’t have to honor anything that their union representative requests unless it is consistent with the rights all employees are entitled to by state or federal law. Further, with respect to statements made to union personnel, the courts have said that employer may regulate the speech of certain employees in certain circumstances. Thus, you should know the law on this matter before discussing OIG matters with outside individuals.”

   1 later decision quote this exact passage · from the majority
   e.g. Wernsing v. Thompson