Duffy v. Sarault’s Empirical Analysis

Citation profile

21 federal appellate · 8 district · 8 state decisions

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

1. “reorganization exception” to due process hearings); Hartman v. City of Providence, 636 F.Supp. 1395 , 1410 (D.R.I.1986) (collecting cases). 4 . We say”

   2 later decisions quote this exact passage
   e.g. Dibble v. Quinn · Peter Akemann v. Patrick J. Quinn

2. “in cases raising First Amendment issues we have repeatedly held that an appellate court has an obligation to 'make an independent examination of the whole record' in order to make sure that 'the judgment does not constitute a forbidden intrusion on the field of free speech' ") (citations omitted). 31 Third, and finally, if the court determines that the public employee's First Amendment interests in speaking out outweigh a legitimate governmental interest in curbing the employee speech, the plaintiff-employee must show that the protected expression was a substantial or motivating factor in the adverse employment decision; and, if the plaintiff meets this test, the defendant governmental entity must be afforded an opportunity to show "by a preponderance of the evidence that [it] would have reached the same decision ... even in the absence of the protected conduct.”

   1 later decision quote this exact passage
   e.g. O'Connor v. Steeves

3. “whether that speech substantially affected a defendant’s employment decision and whether the defendant has met his preponderance burden that the decision would be made anyway”

   1 later decision quote this exact passage
   e.g. Wytrwal v. Saco School Board