Moss v. Martin’s Empirical Analysis
473 F.3d 694 · 2007
Citation profile
17 federal appellate · 1 state decisions
How this case has been cited
Cited by 66 later decisions — most recently September 2023 · most notably Pisciotta v. Old National Bancorp (2007), LaBella Winnetka, Inc. v. Village of Winnetka (2010)
17 federal appellate · 1 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. Creighton · Elrod v. Burns · Branti v. Finkel · 115 Ill. 2d 482 - Duldulao v. Saint Mary of Nazareth Hospital Center · Johnson v. City of Fort Wayne
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If the nature of a public official’s job makes political loyalty a valid qualification for the effective performance of his position, that official may be terminated on the basis of his political affiliation.” Riley v. Blagojevich, 425 F.3d 357, 359 (7th Cir.2005) (citing Elrod v. Burns, 427 U.S. 347, 367-68 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976); Branti v. Finkel, 445 U.S. 507, 518 , 100 S.Ct. 1287 , 63 L.Ed.2d 574 (1980)). To determine whether political loyalty is a valid qualification, we consider whether the employee’s position entailed “the making of policy and thus the exercise of political judgment.” Allen v. Martin, 460 F.3d 939, 944 (7th Cir.2006) (quoting Kiddy-Brown v. Blagojevich, 408 F.3d 346 , 355 (7th Cir.2005)). We also consider the degree of discretion and responsibility exercised in the position by examining the official job description for the position. Id. at 944-945; Selch v. Letts, 5 F.3d 1040, 1044-45 (7th Cir.1993). “We only look past the official job description where the plaintiff demonstrates systematic unreliability.” Allen, 460 F.3d at 944 . To show such systematic unreliability, a plaintiff “must provide specific facts demonstrating that the description was unreliable and unauthoritative.” Id.”
1 later decision quote this exact passage · from the majority“when it appears beyond a doubt that the plaintiff cannot prove any facts to support a claim for relief and the moving party demonstrates that there are no material issues of fact to be resolved.”
1 later decision quote this exact passage · from the majority“a person has a property interest in his job only where he has a legitimate expectation of continued employment based on a legitimate claim of entitlement.”
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.