Reichert v. Draud’s Empirical Analysis
701 F.2d 1168 · 1983
Citation profile
12 federal appellate · 1 state decisions
How this case has been cited
Cited by 20 later decisions — most recently September 2010
12 federal appellate · 1 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 Mt. Healthy City School District Board of Education v. Doyle · Perry v. Sindermann · Elrod v. Burns · Mansion House Center South Redevelopment Co. v. United States · Bowsher v. Merck & Co.
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The threshhold question is whether the plaintiff’s conduct deserves constitutional protection. (2) If the court finds that an employee’s conduct was protected by the first amendment, the finder of fact must determine whether the action taken was because he engaged in the protected conduct. The employee’s protected conduct must be a “substantial factor” or a “motivating factor” in the employer’s decision. (3) Once the employee meets this burden, the burden shifts to the employer to prove that the action the employee is complaining about would have taken place absent the protected conduct.”
4 later decisions 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.