Locurto v. Giuliani’s Empirical Analysis
447 F.3d 159 · 2006
Citation profile
16 federal appellate · 6 district · 2 state decisions
How this case has been cited
Cited by 51 later decisions — most recently September 2024 · most notably Doninger v. Niehoff (2011), Anemone v. Metropolitan Transportation Authority (2011)
16 federal appellate · 6 district · 2 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Anderson v. City of Bessemer City · United States v. United States Gypsum Co. · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Connick v. Myers · Cafeteria & Restaurant Workers Union, Local 473 v. McElroy
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he [government may, in some circumstances, legitimately regard as “disruptive” expressive activities that instantiate or perpetuate a widespread public perception of police officers ... as racist .... Police officers ... are quintessentially public servants. As such, part of their job is to safeguard the public’s opinion of them, particularly with regard to a community’s view of the respect that police officers ... accord the members of that community. ... Where a [g]overnment employee’s job quintessentially involves public contact, the [government may take into account the public’s perception of that employee’s expressive acts in determining whether those acts are disruptive to the [government’s operations.”
2 later decisions quote this exact passage · from the dissent“over comments, which Giuliani regarded as offensive, that Muhammad had made about Jews and Catholics. The City initially denied a permit to march organizers, but a permit issued after the organizers obtained a federal injunction. See Million Youth March, Inc. v. Safir, 18 F.Supp.2d 334 (S.D.N.Y.1998). Some of Giuliani's critics later objected that the NYPD used excessive force to break up the march shortly after it ended. Locurto's NYPD Hearing 13 The NYPD filed two charges against Locurto on September 14, 1998:(1)”
1 later decision quote this exact passage · from the majoritye.g. Locurto v. Giuliani“Id.; cf. Cobb v. Pozzi, 363 F.3d 89, 102 (2d Cir.2003) (holding that the public concern test applies to freedom of association claims). It is not sufficient, on the other hand, that speech be directed at the public in order to pass the public concern test. Thus, in City of San Diego v. Roe, the Supreme Court held that a San Diego police officer who auctioned, on eBay, videotapes of himself stripping off a generic police uniform and masturbating was not speaking on a matter of public concern.”
1 later decision quote this exact passage · from the majoritye.g. Locurto v. Giuliani
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.