Battle v. Mulholland’s Empirical Analysis

Citation profile

27 federal appellate · 2 district · 5 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is recognized that the state as an employer has an interest in regulating the conduct of its employees in ways which may be more restrictive than those which can be applied to citizens who are not employees. Pickering v. Board of Education, 1968, 391 U.S. 563, 568 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 ; Tinker v. Des Moines Independent Community School District, 1969, 393 U.S. 503, 506, 507 , 89 S.Ct. 733 , 21 L.Ed.2d 731 . The problem is to balance the rights of the employees as citizens against the interest of the state in promoting efficient public service. Pred v. Board of Public Instruction, (5 Cir. 1969) 415 F.2d 851 , 857.””

   2 later decisions quote this exact passage · from the majority
   e.g. 354 F. Supp. 1280 - Abbott v. Thetford · Vicksburg Firefighters Association Local International Association of Firefighters v. City of Vicksburg Mississippi

2. “type of restrictive response, based on theoretical reactions by others”

   2 later decisions quote this exact passage · from the majority
   e.g. Berger v. Battaglia · Berger v. Battaglia

3. “It is now settled law that if the state, either by statute, regulation or procedure, creates in its employees the expectation of re-employment or retention, then their employment can only be terminated under procedures which accord them the fundamentals of due process.”

   1 later decision quote this exact passage · from the majority
   e.g. Bean v. Darr