Cutts v. Fowler’s Empirical Analysis
692 F.2d 138 · 1982
Citation profile
46 federal appellate · 8 district · 3 state decisions
How this case has been cited
Cited by 68 later decisions — most recently September 2005 · most notably Carducci v. Regan (1983), Spagnola v. Mathis (1988)
46 federal appellate · 8 district · 3 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 5 U.S.C. § 1206 · 5 U.S.C. § 2302
Relies on Cort v. Ash · Loving v. Commonwealth of Virginia · Davis v. Passman · Carlson v. Green · Zablocki v. Redhail
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) for major personnel actions specified in the statute (“adverse actions”), direct judicial review after extensive prior administrative proceedings; (2) for specified minor personnel actions infected by particularly heinous motivations or disregard of law (“prohibited personnel practices”), review by the Office of Special Counsel, with judicial scrutiny “limited, at most, to insuring compliance with the statutory requirement that the OSC perform an adequate inquiry”; and (3) for the specified minor personnel actions not so infected, and for all other minor personnel actions, review by neither OSC nor the courts.”
4 later decisions quote this exact passage“9 In Cutts the D.C. circuit applied its holding in Borrell in finding the district court had jurisdiction over the appellant's claim that her transfer placed an unconstitutional burden on her freedom to marry, which is protected by the Fifth Amendment. However, while recognizing that the issue of whether a new statutory remedy displaces judicially created remedies for constitutional deprivations”
1 later decision quote this exact passagee.g. Pinar v. Dole“not only to provide an effective and expeditious process for investigating whistleblower allegations, but also to protect against abuse of that process to halt termination based on unsatisfactory job performance.”
1 later decision quote this exact passage
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.