Mitchell v. Fankhauser’s Empirical Analysis

Citation profile

10 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'The tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Paul Lane v. City of Pickerington · Monce v. Marshall Cnty. Bd. of Educ.

2. “Where [only an abbreviated pre-termi-nation hearing is provided for], due process requires that a discharged employee’s post-termination hearing be substantially more “meaningful.” At a minimum, this requires that the discharged employee be permitted to attend the hearing, to have the assistance of counsel, to call witnesses and produce evidence on his own behalf, and to know and have an opportunity to challenge the evidence against him. The severity of depriving a person of the means of livelihood requires that such person have at least one opportunity for such a full hearing, so that he may challenge the factual basis for the state’s action and may provide reasons why that action should not be taken.”

   1 later decision quote this exact passage · from the majority
   e.g. Bailey v. Blount County Board of Education

3. “the correct line of authority in the Sixth Circuit”

   1 later decision quote this exact passage · from the majority
   e.g. Monce v. Marshall Cnty. Bd. of Educ.