English v. Powell’s Empirical Analysis
592 F.2d 727 · 1979
Citation profile
18 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 32 later decisions — most recently June 2007 · most notably 173 W. Va. 335 - Orr v. Crowder (1984), Martin v. Cavalier Hotel Corp. (1995)
18 federal appellate · 2 district · 2 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
Relies on Warth v. Seldin · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Monroe v. Pape · Laird v. Tatum · Givhan v. Western Line Consolidated School District
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Some of the affidavits refer to what seems to be bickering and running disputes with the department heads. We do not intend to suggest that that kind of speech is protected by the First Amendment in the sense that it may not be considered in connection with the termination of the employment relationship. [An employer] has a right to expect [an employee] to follow instructions and to work cooperatively and harmoniously with the head of the department. If one cannot or does not, if one undertakes to seize the authority and prerogatives of the department head, he does not immunize himself against loss of his position simply because his noncooperation and aggressive conduct are verbalized.”
1 later decision quote this exact passage · from the majority“Shands’ claim that his job was made intolerable appears to rest upon the single statement of Pender Durham on October 9 that Powell would fire Shands the next morning. This is simply not the type of systemic harassment which would support a finding of constructive discharge.”
1 later decision quote this exact passage · from the majority“The objective harm results from ■ Shands’ demotion to store clerk and attendant decrease in salary; Mrs. Shands, who was a housewife while her husband was personnel manager, had to take a job to supplement the family income.”
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.