Butler v. Hamilton’s Empirical Analysis
542 F.2d 835 · 1976
Citation profile
13 federal appellate ·
How this case has been cited
Cited by 16 later decisions — most recently August 2014
13 federal appellate ·
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 Pickering v. Board of Education of Township High School District 205 Will County Illinois · Donna Bertot v. School District No. 1, Albany County, Wyoming, Martha Sweeney v. School District No. 1, Albany County, Wyoming · Pachmayr Gun Works, Inc., a Corporation, and Firearm Accessories, Inc., a Corporation D/B/A the Mershon Co., Inc. v. Olin Mathieson Chemical Corp. Winchester Western Division, a Corporation, Pachmayr Gun Works, Inc., a Corporation, and Firearm Accessories, Inc., a Corporation D/B/A the Mershon Co., Inc. v. Olin Mathieson Chemical Corp., Winchester Western Division, a Corporation
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The exercise of a constitutionally protected right by a public employee does not serve as a curative for all prior misconduct during the course of employment. A public employee cannot expunge all prior transgressions from his employment record by merely exercising a constitutional right. A discharge for exercise of first amendment rights is impermissible. Pickering v. Board of Education, 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 ; Bertot v. School Dist. No. 1, 10 Cir., 522 F.2d 1171 , 1183. The exercise of a first amendment right, however, does not insulate a public employee from being discharged for occurrences prior to the exercise of the right.”
1 later decision quote this exact passage · from the majoritye.g. Marcum v. Dahl
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.