Marable v. Nitchman’s Empirical Analysis

Citation profile

14 federal appellate · 3 district · 1 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “required as a part of her official duties to report inmate misconduct and to pursue appropriate discipline,” but it also remanded the case to the district court”

   2 later decisions quote this exact passage · from the majority
   e.g. Weintraub v. Board of Education · Weintraub v. Board of Educ. of City of New York

2. “Freitag acted as a citizen when she wrote letters to Senator Polanco and communicated with the Inspector General regarding her complaints of sexual harassment. Her right to complain both to an elected public official and to an independent state agency is guaranteed to any citizen in a democratic society regardless of his status as a public employee. Under Ceballos, Freitag does not lose her right to speak as a citizen simply because she initiated the commu nications while at work or because they concerned the subject matter of her employment.”

   1 later decision quote this exact passage · from the majority
   e.g. Huppert v. City of Pittsburg

3. “The Supreme Court has observed that the inquiry into whether employee speech is pursuant to employment duties is a practical one.... Functionally, ... it cannot be disputed that [Marable’s] job was to do the tasks of a Chief Engineer on his ferry, and such tasks did not include pointing to corrupt actions of higher level officials whom he purportedly thought were abusing the public trust and converting public funds to their own use by overpayment schemes.”

   1 later decision quote this exact passage · from the majority
   e.g. Huppert v. City of Pittsburg