Ramey v. Harber’s Empirical Analysis

Citation profile

5 federal appellate · 3 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... The mere fact that plaintiffs had no vested right to reappointment cannot be dispositive of their claim of constitutional infringement... Thus, the fact that plaintiffs had no right to expect reappointment is insufficient, in itself, to preclude a First Amendment action... Consequently, the court is unable to perceive any difference in the test to be applied when the lack of expectancy interest arises out of the operation of contract renewal (as in Shelton v. Tucker) and when, as here, the lack of expectancy interest arises through the operation of statute. It is clear that in First Amendment actions, the reason for dismissal or failure to reappoint presents the crucial question ... Stated briefly, while Sheriff Harber could have refused to consider continued employment for the Flanary deputies for numerous and valid reasons, he could not refuse consideration for the wrong reasons.”

   1 later decision quote this exact passage
   e.g. 515 F. Supp. 695 - Brady v. Paterson

2. “Moreover, defendant’s response to plaintiff’s queries during the interim period is most telling. The plaintiffs were to take their questions to their defeated principal. The implication was clear: He (Harber) had been elected through the support of his party — Flanary had been defeated and the sorry state of affairs suffered by Flanary's employees was not to be placed at [Harber’s] door. In such circumstances, merit, training, and experience were to be extraneous considerations. The court must find that the preponderance of the evidence, and the inferences reasonably drawn therefrom, establishes that plaintiffs were refused consideration for reappointment solely because of their political beliefs and affiliations.”

   1 later decision quote this exact passage
   e.g. 457 F. Supp. 1284 - Finkel v. Branti

3. “The single substantive question involved in this case is whether a nonpolicymaking, nonconfidential government employee can be discharged or threatened with discharge from a job that he is satisfactorily performing upon the sole ground of his political beliefs. I agree with the plurality that he cannot.”

   1 later decision quote this exact passage
   e.g. Ramey v. Harber