Kletschka v. Driver’s Empirical Analysis
411 F.2d 436 · 1969
Citation profile
103 federal appellate · 27 district · 6 state decisions
How this case has been cited
Cited by 239 later decisions — most recently May 2018 · most notably Hampton v. Hanrahan (1979), Duchesne v. Sugarman (1977)
103 federal appellate · 27 district · 6 state decisions
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
Relies on United Mine Workers of America v. Gibbs · Monroe v. Pape · Bell v. Hood · Burton v. Wilmington Parking Authority · United States v. Classic
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 239 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. whatever other rights plaintiff may have been deprived of equal protection is not one of them. The actions taken by defendants were directed only against plaintiff as an individual and not because he was a veteran, or a member of some class or race. A violation of equal protection would be shown if the actions against plaintiff were part of a general pattern of discrimination, or were based on impermissible considerations of race or class, but plaintiff has not raised a genuine issue of fact concerning such discrimination.”
4 later decisions quote this exact passage · from the majority““Obviously, we cannot review the wisdom or good faith of the transfer without subjecting all such personnel decisions to a similar review. Such a course would encourage a vast quantity of litigation and deprive the V.A. administrator of an element of flexibility which is necessary if he is to operate his department efficiently. Where the challenged personnel decision falls short of discharge we believe that, in general, the courts should seek to discourage arbitrary agency action by enforcing the various procedural rights of affected employees, and not be undertaking a full substantive review of the justification for the decision .... The general refusal of courts to review the merits of personnel decisions finds additional support in the difficulty of verifying or refuting the wisdom of judgments based on partly intuitive assessments of personal competence and the ability of one man to work in harmony with others.””
3 later decisions quote this exact passage““After the hearing the board may recommend to the Administrator ‘suitable disciplinary action, which shall include reprimand, suspension without pay, reduction in grade, and discharge * * * .’ These four possible steps do not seem to exhaust the content of ‘suitable disciplinary action,’ and we assume that the board could recommend a transfer as well. While under § 4110(d) the Administrator is free to reject a recommendation for disciplinary action, he is not, as we read the statute, free to impose disciplinary action which the board has not recommended. Indeed V.A. regulations specifically prohibit the use of ‘staff adjustments,’ including transfers, ‘as a device to effect separation of employees when their separation for disciplinary reasons would be proper.’ V.A. Dept. of Medicine & Surgery, Supplement, MP-5 Pt. 2, ¶ 8(c), June 1, 1964.””
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.