911 F. Supp. 606 - Sheppard v. Beerman’s Empirical Analysis

Citation profile

4 federal appellate ·

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

1. “[Brian] Sheppard served as a law clerk to [New York State Supreme Court Justice Leon] Beerman from 1986 until he was fired on December 11,1990.... Sheppard alleges that on December 6, 1990, after engaging in ex parte communications with the prosecution in a pending murder case, Beerman ordered him to draft a decision denying the defendant’s pending speedy trial motion without a hearing, regardless of the motion’s merits, so that the defendant would stand trial at a time advantageous to the prosecution. Sheppard refused to follow Beerman’s direction, stating that he would not take part in the “railroading” of the defendant. Beerman responded that although Sheppard was not being discharged, he should seek other employment if he felt that way. At this time, Sheppard informed Beer-man that he had taken extensive notes of instances of other judicial misconduct by Beerman during the preceding four years of Sheppard’s service in chambers. As an example, Sheppard noted a case that Beer-man had assigned to himself in order to take personal revenge against the accused. Beerman expressed concern about Sheppard making his notes public. Harsh words were exchanged between the parties: Sheppard called Beerman “corrupt” and a “son of a bitch,” and Beerman called Sheppard “disturbed” and “disloyal.” Sheppard immediately apologized for his characterization. The argument ended with no resolution, and Sheppard worked the remainder of the day. When Sheppard next returned to work on December 11, 1”

   1 later decision quote this exact passage · from the majority
   e.g. Sheppard v. Beerman

2. “In analyzing the validity of Sheppard’s claim, the district court made a determination that Sheppard was actually discharged for insubordination and not for his speech.... Because this question is in dispute, it was improper for the district court to answer it on a motion for dismissal on the pleadings. Based on the foregoing ... we find that in concluding that Sheppard failed to state a violation of his First Amendment right to free speech, the district court made certain factual determinations that were not appropriate on a motion for judgment on the pleadings.... [W]e make no comment on the merits of the claim nor do we preclude the district court from re-examining the matter at some future, more appropriate time in the proceedings.”

   1 later decision quote this exact passage · from the majority
   e.g. Sheppard v. Beerman