Irby v. McGowan’s Empirical Analysis
1974
Citation profile
2 federal appellate · 4 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Board of Regents of State Colleges v. Roth · Perry v. Sindermann · Robinson v. Jefferson County Board of Education · Bradford v. Tarrant County Junior College District
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Since the plaintiff was in a nontenured status when her contract was not renewed, she must prove facts bringing her within the scope of Board of Regents v. Roth . . . and Perry v. Sindermann . . . in order to be entitled to relief. That is, she must prove that she was deprived of either `liberty or property' to be entitled to procedural due process (Roth) , or she must prove that her non-renewal was predicated on her exercise of First and Fourteenth Amendment rights (Sindermann). "The plaintiff was in no way deprived of an interest in `liberty' thereby entitling her to a due process hearing. `Dismissed — Non-cooperative' is not within the purview of Board of Regents v. Roth, supra: "The State, in declining to rehire the respondent, did not make any charge against him that might seriously damage his standing and associations in his community. It did not base the nonrenewal of his contract on a charge, for example, that he had been guilty of dishonesty, or immorality. Had it done so, this would be a different case. For `[w]here a person's good name, reputation, honor, or integrity is at stake because of what the government is doing to him, notice and an opportunity to be heard are essential.'”
2 later decisions quote this exact passage“"Similarly, there is no suggestion that the State, in declining to re-employ the respondent, imposed on him a stigma or other disability that foreclosed his freedom to take advantage of other employment opportunities. . . . "Certainly this language indicates that such remarks must be of sufficiently serious import that further employment is seriously jeopardized. In order to recover the plaintiff must show that this entry of `Non-cooperative' damaged her good name, reputation, honor or integrity in such a way that her standing and associations in her community were seriously impaired, or that this charge imposed a `stigma' or other disability on her which foreclosed her freedom to take advantage of other employment opportunities. The entry in the minutes that a person is non-cooperative does not taint her good name, reputation, honor, or integrity. . . ." ( 380 F. Supp. at 1028 , 1029 )”
1 later decision quote this exact passage“Since the plaintiff was in a nontenured status when her contract was not renewed, she must prove facts bringing her within the scope of Board of Regents v. Roth . . . and Perry v. Sindermann . . . in order to be entitled to relief. That is, she must prove that she was deprived of either `liberty or property' to be entitled to procedural due process (Roth) , or she must prove that her non-renewal was predicated on her exercise of First and Fourteenth Amendment rights (Sindermann).”
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.