842 F. Supp. 2d 295 - Spadone v. McHugh’s Empirical Analysis
2012
Citation profile
6 district ·
Relationships
Applies 5 U.S.C. § 702
Relies on Winter v. Natural Resources Defense Council, Inc. · Kentucky Department of Corrections v. Thompson · Sampson v. Murray · Mazurek v. Armstrong · Virginia Petroleum Jobbers Association v. Federal Power Commission, Blue Ridge Gas Company, Intervenor. Petition for Review of Order of the Federal Power Commission, No. 14583. Virginia Petroleum Jobbers Association v. Federal Power Commission, Appeal From United States District Court for the District of Columbia
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To show that interference into the personnel decisions of the Superintendent is warranted, Spadone must make a very compelling case that he was denied process explicitly given to him by statute, or that the Army's decision was arbitrary or capricious. “The Court’s deference to the military is at its highest ‘when the military, pursuant to its own regulations, effects personnel changes through the promotion or discharge process.’ ” Housman v. Baratz, 916 F.Supp. 23, 28 (D.D.C.1996) (quoting Dilley v. Alexander, 603 F.2d 914, 920 (D.C.Cir.1979)). Judicial review of personnel decisions of the armed forces is limited to a determination of whether they were arbitrary, capricious or contrary to the Constitution, statutes, or governing regulations. Housman, 916 F.Supp. at 28 (citing Blevins v. Orr, 721 F.2d 1419, 1421 (D.C.Cir.1983)).”
1 later decision quote this exact passage · from the majority“[a] review of the record reveals that most of the claims in the complaint that could have been raised below were not raised below. "Generally ... issues and arguments not made before the relevant military correction board or administrative agency are deemed waived and could not be raised in a judicial tribunal.” Christian v. United States, 46 Fed.Cl. 793, 802 (2000). Spa-done does not refute that he raised during the administrative proceedings just one of the claims presented in his complaint, namely, a challenge to the standards used for finding that Spadone failed the HMP program. (Def.’s Opp'n at 19; Def.'s Mem. in Supp. of Mot. for Summ. J. at 5, 8.)”
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.