Cobb v. Pozzi’s Empirical Analysis

Citation profile

8 federal appellate · 2 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[T]he plaintiffs' Olech -based equal protection claim is not dependent on their ability to prove that they were disciplined for an impermissible reason, i.e. , for their COBA [Corrections Officers' Benevolent Association] membership. Rather, under Olech , the plaintiffs can recover if they can show that they were treated differently from similarly situated officers, such as Officers Conway and Vanderwerff, and that there was `no rational basis for the difference in treatment.' Olech , 528 U.S. at 564 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 . Clearly, the evidence that the defendants disciplined the plaintiffs based on a belief that the plaintiffs were engaged in an unlawful job action makes the task of showing irrational treatment considerably more difficult; however, it does not foreclose the plaintiffs' pursuit of such a claim under Olech . A jury could find that the defendants' subjective belief was unwarranted and that such an unwarranted belief resulted in the irrational treatment of the plaintiffs. Accordingly, we agree with the plaintiffs that the evidence adduced at trial was sufficient to withstand a motion for judgment as a matter of law on their Olech -based equal protection claim."”

   1 later decision quote this exact passage · from the majority
   e.g. Ex Parte McCord-Baugh

2. “) (citations omitted); City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432 , 439, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985) (”

   1 later decision quote this exact passage · from the majority
   e.g. McDonald v. Village of Winnetka