McClure v. Cywinski’s Empirical Analysis
686 F.2d 541 · 1982
Citation profile
21 federal appellate · 2 state decisions
How this case has been cited
Cited by 35 later decisions — most recently November 2004 · most notably Rakovich v. Wade (1988), Byrne v. Board of Education (1992)
21 federal appellate · 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Monell v. Department of Social Services of City of New York · Mt. Healthy City School District Board of Education v. Doyle · Elrod v. Burns · S.S. Zoe Colocotroni v. Puerto Rico · Lewis v. United States
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'where the evidence, along with the inferences to be reasonably drawn therefrom, when viewed in the light most favorable to the party opposing such motion is such that reasonable men in a fair and impartial exercise of their judgment may reach different conclusions.' " [citations omitted] Implicit in this standard is a recognition that a jury verdict must be allowed to stand if it is supported by circumstantial evidence. A judgment n.o.v. [or directed verdict] is proper, however, if the verdict is supported only by "sheer speculation and conjecture.”
2 later decisions quote this exact passage · from the majority“only that elimination of the protected activity may have been welcomed by the defendant or even that such activity played some minor role in the discharge decision.”
2 later decisions quote this exact passage · from the majority“Initially, in this case, the burden was properly placed upon respondent to show that his conduct was constitutionally protected, and that this conduct was a “substantial factor” — or to put it in other words, that it was a “motivating factor” in the Board’s decision not to rehire him. Respondent having carried that burden, however, the District Court should have gone on to determine whether the Board had shown by a preponderance of the evidence that it would have reached the same decision as to respondent’s reemployment even in the absence of the protected conduct.”
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.