Monahan v. Romney’s Empirical Analysis

Citation profile

4 federal appellate · 5 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Had he been officially discharged from his public employment, the answer would be evident. But [plaintiffs] superiors never officially ‘fired’ him&emdash;he resigned. If he resigned of his own free will even though prompted to do so by events set in motion by his employer, he relinquished his property interest voluntarily and thus cannot establish that the state ‘deprived’ him of it within the meaning of the due process clause.... If, on the other hand, [plaintiffs] ‘resignation’ was so involuntary that it amounted to a constructive discharge, it must be considered a deprivation by state action triggering the protections of the due process clause. A public employer obviously cannot avoid its constitutional obligation to provide due process by the simple expedient of forcing involuntary ‘resignations.’ The proper focus of the constitutional inquiry here is therefore on the voluntariness of [plaintiffs] resignation.”

   1 later decision quote this exact passage
   e.g. 12 F. Supp. 3d 274 - Dobelle v. Flynn

2. “Because [the head of the commission] resigned [albeit under pressure from the Governor and the Governor's staff], his claim that defendants deprived him of a property interest within the meaning of the Due Process Clause necessarily fails”

   1 later decision quote this exact passage
   e.g. Spencer v. Civil Service Commission