Burkhart v. Randles’s Empirical Analysis
764 F.2d 1196 · 1985
Citation profile
22 federal appellate · 2 state decisions
How this case has been cited
Cited by 45 later decisions — most recently February 2013 · most notably Chilingirian v. Boris (1989), Handy-Clay v. City of Memphis (2012)
22 federal appellate · 2 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 Monell v. Department of Social Services of City of New York · Board of Regents of State Colleges v. Roth · Paul v. Davis · Wilson v. Garcia · Smith v. Wade
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well established that a person’s reputation and good name are among the liberty interests protected by the due process clause of the fourteenth amendment from damage by public government action in connection with a termination of employment or refusal to rehire. Paul v. Davis, 424 U.S. 693 , 707-08, 96 S.Ct. 1155 , 1163-64, 47 L.Ed.2d 405 (1976); Board of Regents v. Roth, 408 U.S. 564 , 573, 92 S.Ct. 2701 , 2707, 33 L.Ed.2d 548 (1972); Lee v. Western Reserve Psychiatric Hab. Center, 747 F.2d 1062 , 1069 (6th Cir.1984); Kendall v. Board of Ed. of Memphis City, 627 F.2d 1 , 5 (6th Cir.1980). Accordingly, the Supreme Court has determined that where a nontenured employee shows he has been stigmatized by the voluntary, public dissemination of false information in the course of a decision to terminate his employment, the employer is required to afford him an opportunity to clear his name. Codd v. Velger, 429 U.S. 624 , 627-28, 97 S.Ct. 882 , 883-84, 51 L.Ed.2d 92 (1977) (per curiam); Kendall, 627 F.2d at 5 .”
2 later decisions quote this exact passage · from the majority“a jury may be permitted to assess punitive damages in an action under Sec. 1983 when the defendant's conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.”
1 later decision quote this exact passage · from the majority“abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
1 later decision quote this exact passage · from the majoritye.g. Burkhart v. Randles
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.