Sutton v. Bailey’s Empirical Analysis
702 F.3d 444 · 2012
Citation profile
6 federal appellate ·
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Harlow v. Fitzgerald · Anderson v. Creighton · Cleveland Board of Education v. Loudermill · Behrens v. Pelletier · ASARCO Inc. v. Kadish
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.
“[T]he Due Process Clause requires a pre-termination hearing in some form, but if a post-termination hearing is also available, the pre-termination proceedings “need not be elaborate.... The tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer’s evidence, and an opportunity to present his side of the story.” [Loudermill, 470 U.S. at 545-46 , 105 S.Ct. 1487 ]. The primary purpose of this type of pre-termination hearing is not to “definitively resolve the propriety of the discharge,” but to serve as “an initial check against mistaken decisions.... ” Id. at 545 , 105 S.Ct. 1487 . Following Louder-mill, we have consistently held that, where post-termination proceedings are available, “informal meetings with supervisors” may be sufficient pre-termi-nation hearings. Schleck v. Ramsey Cnty., 939 F.2d 638 , 641 (8th Cir.1991), quoting Riggins[ v. Bd of Regents of the Univ. of Neb.], 790 F.2d [707,] 711 [ (8th Cir. 1986) ]; accord Krentz v. Robertson Fire Prot. Dist., 228 F.3d 897 , 902-03 (8th Cir. 2000).”
3 later decisions quote this exact passage · from the majority“a right is 'clearly established' if the 'contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right.'”
3 later decisions quote this exact passage · from the majority“We have repeatedly observed that an employer need not disclose all of the details of the charges against the employee.”
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.