Public-domain · open source
OpenJurist
← 406 F.3d 476 - Brooks v. University of Wisconsin Board of Regents

Brooks v. University of Wisconsin Board of Regents’s Empirical Analysis

406 F.3d 476 · 2005

Citation profile

16
cited by 16 later decisions
September 2015
most recently cited

11 federal appellate ·

Relationships

Applies 28 U.S.C. § 1446

Relies on Pickering v. Board of Education of Township High School District 205 Will County Illinois · Connick v. Myers · Arnett v. Kennedy · West Virginia State Board of Education v. Barnette · Waters v. Churchill

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

  1. “public employees do not have an unfettered right to express themselves on matters related to their jobs, and courts must give due weight to the government's interest in efficient employment decisionmaking when evaluating retaliation claims.”
    1 later decision quote this exact passage · from the majority
  2. “If the plaintiff establishes these elements, the burden shifts to the government to prove that it would have taken the same action in the absence of the protected speech.”
    1 later decision quote this exact passage · from the majority
  3. “that the speech in question is constitutionally protected and that it was a substantial, or motivating, factor in the employer's retaliatory actions.”
    1 later decision 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.