708 F. Supp. 2d 319 - Jackler v. Byrne’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “Jackler’s refusal to alter his report was done in his capacity as a police officer, and that refusal only occurred because he was an officer. Ironically, it is because he was a public employee with a duty to tell the truth that his insistence on fulfilling that duty is unprotected. But because the Second Circuit made so clear in Weintraub that speech is pursuant to official duties where it is “part-and-parcel of the employee’s concerns about his ability to properly execute his duties,” 593 F.3d at 203 ..., and that in determining whether an employee speaks as a citizen the focus must be on the role the speaker occupied when he spoke, see id. ..., and because it is so clear on the facts as alleged by Jackler that he refused to withdraw or alter his truthful report in the belief that the proper execution of his duties as a police officer required no less, I do not see how I can avoid the conclusion that he was speaking as an officer, not a citizen, when he did so.”

   1 later decision quote this exact passage · from the majority
   e.g. Jackler v. Byrne