Duchesne v. Williams’s Empirical Analysis
849 F.2d 1004 · 1988
Citation profile
48 federal appellate · 4 district · 12 state decisions
How this case has been cited
Cited by 102 later decisions — most recently March 2023 · most notably United States v. Gates (1994), Mary Elizabeth Leary v. Stephen W. Daeschner, Superintendent of the Jefferson County Board of Education (2000)
48 federal appellate · 4 district · 12 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
Relies on Cleveland Board of Education v. Loudermill · Goss v. Lopez · Vandygriff v. Phillips · Arnett v. Kennedy · Withrow v. Larkin
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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“bias, pretext, deception, and corruption by the employer in discharging the employee”
7 later decisions quote this exact passage · from the concurrence“[t]he essential requirements of due process [in pre-termination proceedings] ... are notice and an opportunity to respond. The opportunity to present reasons, either in person or in writing, why proposed action should not be taken is a fundamental due process requirement. The tenured public employee is entitled to oral or written notice of the charges against him, an explanation of the employer’s evidence, and an opportunity to present his side of the story-”
5 later decisions quote this exact passage · from the majority“"[I]n the pretermination stage, the employee does not have a right to, and the Constitution does not require, a neutral and impartial decisionmaker. The "right of reply" before the official responsible for the discharge is sufficient. It is at the post-deprivation stage where a neutral decisionmaker is needed to adjudicate the evidence. Where there is a system of post-termination procedures available to the employee that includes a neutral decisionmaker and/or arbitration, coupled with a pretermination "right of reply" hearing, then the employee has received all the process due under the Constitution.”
4 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.