Dwyer v. Smith’s Empirical Analysis
867 F.2d 184 · 1989
Citation profile
50 federal appellate · 11 district · 5 state decisions
How this case has been cited
Cited by 105 later decisions — most recently May 2018 · most notably Williams v. Cerberonics, Inc. (1989), Hopkins v. Baltimore Gas & Electric Co. (1996)
50 federal appellate · 11 district · 5 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 Texas Department of Community Affairs v. Burdine · Anderson v. City of Bessemer City · Mt. Healthy City School District Board of Education v. Doyle · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Connick v. Myers
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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether ... 'harassment was sufficiently severe or pervasive is quintessentially a question of fact.' " Beardsley v. Webb, 30 F.3d 524 , 530 (4th Cir.1994) (citing Paroline v. Unisys Corp., 879 F.2d 100 , 105 (4th Cir.1989), vacated in part on other grounds, 900 F.2d 27 (4th Cir.1990) (en banc)). "In Title VII actions, a district court's factual determinations are governed by Rule 52(a)'s clearly erroneous standard even if they resolve the ultimate issue of the action--such as, whether there was discrimination, sexual harassment, or discriminatory intent.”
4 later decisions quote this exact passage · from the majoritye.g. Abenir v. R Tisch Dc · 65 Empl. Prac. Dec. P 43,372, 66 Empl. Prac. Dec. P 43,530 Peggy M. Spicer v. Commonwealth of Virginia, Department of Corrections, and Buckingham Correctional Center David Smith, in His Capacity as the Warden of Buckingham Correctional Center, Commonwealth of Virginia Department of Corrections J.M. Perutelli, Captain, Peggy M. Spicer v. Commonwealth of Virginia, Department of Corrections Buckingham Correctional Center David Smith, in His Capacity as the Warden of Buckingham Correctional Center, Commonwealth of Virginia Department of Corrections J.M. Perutelli, Captain“of conduct to go forward when the district court has already determined that the factual predicate for such an action does not exist, that is, that the conduct complained of, in a full contextual analysis, was not sufficiently egregious to create an”
2 later decisions quote this exact passage · from the majority“and withstands Dwyer's attack on appeal. See Anderson v. Bessemer City, 470 U.S. 564, 573-74 , 105 S.Ct. 1504, 1511-12 , 84 L.Ed.2d 518 (1985). 9 Dwyer contends that since she was assigned to defendant Robertson's squad in late 1982 or early 1983, her work life has been rife with innuendo, disparagement, humiliation and insinuation--in short, sexual harassment. She claims that she complained directly to Sgt. Robertson but he took no action; in fact, according to Dwyer, Robertson was the”
1 later decision quote this exact passage · from the majoritye.g. Dwyer v. Smith
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.