Kelly v. Smith’s Empirical Analysis
764 F.2d 1412 · 1985
Citation profile
30 federal appellate · 1 district · 5 state decisions
Relationships
Relies on Cleveland Board of Education v. Loudermill · Bonner v. City of Prichard · William C. Ferguson v. Alvin I. Thomas · Cowart v. Schweiker · Thurston v. Dekle
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the assurance that a full evidentiary hearing will be forthcoming is one of the primary reasons for allowing the abbreviated pretermination procedures”
4 later decisions quote this exact passage · from the majority“[T]he pretermination ‘hearing’ though necessary, need not be elaborate. ... In general, something less than a full evidentiary hearing is sufficient prior to adverse administrative action ... [and it] need not definitively resolve the propriety of the discharge. It should be an initial check against mistaken decisions— essentially, a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action.”
3 later decisions quote this exact passage · from the majority“Even where the facts are clear, the appropriateness or necessity of the discharge may not be; in such cases, the only meaningful opportunity to invoke the discretion of the decisionmaker is likely to be before the termination takes effect.”
2 later decisions 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.