Hill v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A]n agency transfer, by definition, does not involve a harm. Instead, a transfer is a lateral move from one position to another with similar or identical duties and similar or identical pay. More importantly, in the KHP, a trooper transfer does not involve any change in employment other than the county of work location. "Having established that retaliatory discharge and demotion torts must involve harm, we are very doubtful that our Supreme Court would recognize a tort for retaliatory job placement. Although our Supreme Court's position on this issue would be an interesting question, we do not have to answer that question here. For our research has revealed that all recognized retaliatory torts involved some showing of harm, for instance, that a plaintiff has suffered a loss of job status, a loss of pay, or a loss of benefits. 10 Without a showing of this kind of harm, Hill's argument for extending the common-law tort for retaliation in violation of public policy is a departure from the parameters established by our Supreme Court in other cases where the court has recognized this kind of a tort.”

   1 later decision quote this exact passage
   e.g. Hill v. State

2. “Based on the plain language of K.S.A. 75-2949[g], it is clear that there is a public policy against State employers retaliating against employees for using the appeal procedures to challenge dismissals, demotions, and suspensions under K.S.A. 75-2949[d]-[f]”

   1 later decision quote this exact passage
   e.g. Hill v. State

3. “[B]y enacting K.S.A. 75-2949(g), the legislature clearly declared Kansas' public policy against employers retaliating against employees who appeal their dismissal, demotion, or suspension under K.S.A. 75-2949.”

   1 later decision quote this exact passage
   e.g. Hill v. State