Gleason v. Malcom’s Empirical Analysis
718 F.2d 1044 · 1983
Citation profile
31 federal appellate · 4 district ·
How this case has been cited
Cited by 42 later decisions — most recently January 2013 · most notably Stephens v. Department of Health & Human Services (1990), Hubbard v. U.S. Environmental Protection Agency (1986)
31 federal appellate · 4 district ·
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 18 U.S.C. § 1621 · 18 U.S.C. § 1719 · 5 U.S.C. § 552A (§ 3 of the Privacy Act of 1974) · 5 U.S.C. § 701
Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Davis v. Passman · Carlson v. Green · Bush v. Lucas · Chappell v. Wallace
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a federal employee, she could have sought equitable relief, i.e., reinstatement and back pay, pursuant to the Administrative Procedure Act”
3 later decisions quote this exact passage · from the majority“[w]hile Bush involved only a first amendment claim, as compared with Gleason's multiple assertions of first, fourth, fifth and sixth amendment violations, the Supreme Court’s careful analysis applies with equal force to this case. The nature of Bush’s particular constitutional injury played little role in the Court’s reasoning. Rather, the Court focused on the “special factor,” i.e., the federal employment relationship, in determining that there was no need for a new judicially created cause of action. This generally restrictive view of Bivens -type claims is emphasized by the fact that on the same day the Court also held that enlisted military personnel may not maintain a suit to recover damages from a superior officer for alleged constitutional violations. Chappell v. Wallace, — U.S.-, 103 S.Ct. 2362 , 76 L.Ed.2d 586 (1983).”
1 later decision quote this exact passage · from the majoritye.g. Metz v. McKinley“The question is not what remedy the court should provide for a wrong that would otherwise go unredressed. It is whether an elaborate remedial system that has been constructed step by step, with careful attention to conflicting policy considerations, should be augmented by the creation of a new judicial remedy for the constitutional violation at issue. That question obviously cannot be answered simply by noting that existing remedies do not provide complete relief for the plaintiff. ****** Congress is in a far better position than a court to evaluate the impact of a new species of litigation between federal employees on the efficiency of the civil service.”
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.