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← 694 F.3d 90 - Semper v. United States

Semper v. United States’s Empirical Analysis

694 F.3d 90 · 2012

Citation profile

3
cited by 3 later decisions
September 2015
most recently cited

1 federal appellate ·

Relationships

Applies 18 U.S.C. § 3602 · 28 U.S.C. § 1491 · 5 U.S.C. § 2101 (Federal Workforce Restructuring Act of 1994) · 5 U.S.C. § 7511

Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Bush v. Lucas · United States v. Fausto · Schweiker v. Chilicky · Lindahl v. Office of Personnel Management

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “At oral argument, the question was raised whether Mr. Semper could litigate his due process claim in a district court action, either in an action for damages under the Bivens doctrine (see Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, [ 403 U.S. 388 , 91 S. Ct. 1999 , 29 L. Ed. 2d 619 (1971)]), or by seeking reinstatement, or both. We do not address that issue other than to note that it has been presented to a number of circuits, which have expressed varying views on the issue. See Dotson v. Griesa, 398 F.3d 156, 180 (2d Cir. 2005); [Mitchum, 73 F.3d at 36]; Saul v. United States, 928 F.2d 829, 842-43 (9th Cir. 1991); Lombardi v. Small Bus. Admin., 889 F.2d 959 , 961-62 (10th Cir. 1989); Hubbard v. EPA, 809 F.2d 1 , 11 n.15, 257 U.S. App. D.C. 305 (D.C. Cir. 1986) see generally Elgin v. Dep’t of the Treasury, [ 132 S. Ct. 2126 , 183 L. Ed. 2d 1 (2012)]); Schweiker v. Chilicky, [ 487 U.S. 412 , 108 S. Ct. 2460 , 101 L. Ed. 2d 370 (1988)]; Bush v. Lucas, [ 462 U.S. 367 , 103 S. Ct. 2404 , 76 L. Ed. 2d 648 (1983)]. Mr. Semper has informed us that if he is not successful in obtaining review of his dismissal by the Court of Federal Claims, he will pursue his due process claim in a district court action.”
    2 later decisions 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.