Thayer v. Chiczewski’s Empirical Analysis
705 F.3d 237 · 2012
Citation profile
21 federal appellate · 2 district ·
Relationships
Applies 28 U.S.C. § 46
Relies on Monell v. Department of Social Services of City of New York · Mt. Healthy City School District Board of Education v. Doyle · Pearson v. Callahan · Whren v. United States · Owen v. City of Independence
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Once a defendant produces evidence that the same decision would have been made in the absence of the protected speech, the burden shifts back to the plaintiff to demonstrate that the proffered reason was pretextual and that the real reason was retaliatory animus.”
1 later decision quote this exact passage · from the majority“(1) they engaged in activity protected by the First Amendment; (2) they suffered a deprivation that would likely deter First Amendment activity; and (3) the First Amendment activity was at least a motivating factor in the. police officer’s decision. 11”
1 later decision quote this exact passage · from the majority“show that a violation of his First Amendment rights was a motivating factor of the harm he's complaining of.”
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.