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← 287 F.3d 15 - Nethersole v. Bulger

Nethersole v. Bulger’s Empirical Analysis

287 F.3d 15 · 2002

Citation profile

41
cited by 41 later decisions
February 2016
most recently cited

14 federal appellate · 26 district ·

Relationships

Applies 28 U.S.C. § 1367 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Mt. Healthy City School District Board of Education v. Doyle · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Connick v. Myers · O'Connor v. Steeves · Hodgens v. General Dynamics Corp.

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

  1. “whether (i) the speech [the plaintiff] engaged in can be considered that of a public employee on a matter of public concern, or merely related to matters primarily of concern to employees (e.g., internal working conditions); (ii) [the plaintiffs] interest in speaking, as well as the public interest, outweigh any legitimate governmental interest in the efficient performance of its public function; and (iii) the speech was either a motivating or substantial factor in the adverse employment action.”
    1 later decision quote this exact passage
  2. “The protection of liberty interests is [not] violated . . . by the presence of adverse information in a personnel file, standing alone . . . .”
    1 later decision quote this exact passage
  3. “only if, under the facts alleged, [the plaintiff] cannot recover on any viable theory.”
    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.