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← 851 F.3d 413 - Moss v. Harris County Constable Precinct One

Moss v. Harris County Constable Precinct One’s Empirical Analysis

851 F.3d 413 · 2017

Citation profile

11
cited by 11 later decisions
1
states following
August 2021
most recently cited

1 federal appellate · 1 state decisions

Relationships

Applies 42 U.S.C. § 12111 (§ 101 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12112 (§ 102 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Kentucky v. Graham · Will v. Michigan Department of State Police · Garcetti v. Ceballos · 134 S. Ct. 2369 - Lane v. Franks · Rogers v. International Marine Terminals, Inc.

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “To establish a § 1983 claim for employment retaliation related to speech, a plaintiff-employee must show: (1) he suffered an adverse employment action; (2) he spoke as a citizen on a matter of public concern; (3) his interest in the speech outweighs the government's interest in the efficient provision of public services; and (4) the speech precipitated the adverse employment action.”
    2 later decisions quote this exact passage · from the majority
  2. “It is well settled that the Constitution prohibits a government employer from discharging or demoting an employee because the employee supports a particular political candidate ....”
    2 later decisions quote this exact passage · from the majority
  3. “reassignment to a different job may be a reasonable accommodation, but '[t]he plaintiff bears the burden of proving that an available position exists that he was qualified for and could, with reasonable accommodation, perform.'”
    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.