Gerrin v. Hickey’s Empirical Analysis
1979
Citation profile
1 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1343 · 42 U.S.C. § 1988
Relies on Mt. Healthy City School District Board of Education v. Doyle · Perry v. Sindermann · Bishop v. Wood · Wood v. Strickland · Johnson v. Georgia Highway Express, Inc.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Applicable personnel regulations can create a protected interest if they reflect a de facto policy of established guidelines to be followed prior to dismissal.”
2 later decisions quote this exact passage · from the majority“Arkansas case law has not specifically addressed the issue of whether a public employee not so protected but who has acquired “permanent” status as an employee has a property interest in that employment. Older decisions indicate that employment may be terminated at the will of either party where the contract of enrol oymerit, either express or implied, designates no definite term of duration. See, e.g., Miller v. Mo-Pac Transportation Co., 225 Ark. 475 , 283 S.W.2d 158 (1955). Such contracts are unilateral and lacking in mutuality and therefore there can be no breach of contract even though the fact that discharge may not be had without just and sufficient cause is a term thereof. Roberts v. Thompson, 107 F.Supp. 775 (E.D.Ark. 1952); Tinnon v. Missouri Pacific R.R. Co., 282 F.2d 773 (8th Cir. 1960). Falling within this same spectrum are the cases involving non-renewal of employment contracts for public school teachers. Under Arkansas law, public school teachers are not designated “tenured” but are hired under the “continuing contract” system which provides for automatic renewal each year absent affirmative action by the school board. This system does not give rise to an expectation of continued re-employment which entitles the teacher to a property interest in that employment. Cato v. Collins, 539 F.2d 656 (8th Cir. 1976); Clark v. Mann, 562 F.2d 1104 (8th Cir. 1977).”
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.