Barkoo v. Melby’s Empirical Analysis
901 F.2d 613 · 1990
Citation profile
40 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 69 later decisions — most recently March 2017 · most notably Wright v. Illinois Department of Children & Family Services (1994), Colburn v. Trustees of Indiana University (1992)
40 federal appellate · 1 district · 2 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Conley v. Gibson · 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 · Givhan v. Western Line Consolidated School District
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To the extent Barkoo alleges that her employers retaliated against her because they thought she was engaged in First Amendment protected speech on an issue of public concern, we reject the notion that this allegation brings her claim within the requirements of § 1983. Every § 1983 case relating to workplace freedom of speech, from Connick on down, discusses the actual speech engaged in by the employee. Barkoo not only admits, she insists that she did not provide any information to the press. Barkoo provides no authority for the proposition that her free speech rights are deprived in violation of § 1983 when the speech at issue admittedly never occurred.”
2 later decisions quote this exact passage“[t]he speaker's motivation and choice of forum [also] are important because, absent those factors, every employment dispute involving a public agency could be considered a matter of public concern.”
2 later decisions quote this exact passage“The defendants are correct when they point out that Barkoo did not even bother to plead that speech in her initial complaint; even she seems to have recognized that it was not a major contributing factor to any disciplinary actions taken by defendants. The issue seems to have taken on greater importance because it is the only justification for Bar-koo’s presence in federal court.”
1 later decision quote this exact passage
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.