Bisbee v. Bey’s Empirical Analysis
39 F.3d 1096 · 1994
Citation profile
34 federal appellate · 29 district ·
How this case has been cited
Cited by 84 later decisions — most recently April 2017 · most notably Aulson v. Blanchard (1996), Cortez v. McCauley (2007)
34 federal appellate · 29 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985
Relies on Harlow v. Fitzgerald · Scheuer v. Rhodes · Mitchell v. Forsyth · Mt. Healthy City School District Board of Education v. Doyle · Pickering v. Board of Education of Township High School District 205 Will County Illinois
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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“whether plaintiff's allegations, if true, state a claim for a violation of a constitutional right that was clearly established when defendant acted.”
4 later decisions quote this exact passage · from the majoritye.g. Reid v. Wren · Herrera v. Weathers“First, the court must determine that the employee’s speech involves a matter of public concern. Melton v. City of Okla. City, 879 F.2d 706 , 713 (10th Cir.1989), modified on other grounds, 928 F.2d 920 (10th Cir.) (en banc), cert. denied, [ 502 U.S. 906 ] 112 S.Ct. 296 [ 116 L.Ed.2d 241 ] (1991). Second, the court must “balance the interests of the employee in making the statement against the public employer’s interests in the effective and efficient fulfillment of its responsibilities to the public.” Id. (citing Pickering v. Board of Educ., 391 U.S. 563, 568 [ 88 S.Ct. 1731, 1734 , 20 L.Ed.2d 811 ] (1968)). Third, if the balancing test tips in favor of the plaintiff, then he must show “that the protected speech Vas a “motivating factor” ’ in the decision.” Id. (citing Mt. Healthy [City Sch. Dist. Bd. of Educ. v. Doyle], 429 U.S. [274] at 287 [ 97 S.Ct. 568, 576 , 50 L.Ed.2d 471 ] [(1977)]). Fourth, if the plaintiff meets this burden, “the burden then shifts to the employer to show by a preponderance of evidence that it would have reached the same decision in the absence of the protected activity.” Id. (citing Mt. Healthy, 429 U.S. at 287 [ 97 S.Ct. at 576 ]); see also Powell v. Gallentine, 992 F.2d 1088, 1090 (10th Cir.1993) (applying same four-step analysis).”
3 later decisions quote this exact passage · from the majority“'Under the summary judgment standard, we review the evidence in the light most favorable to the nonmoving party.'”
3 later decisions quote this exact passage · from the majority
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.