Brewer v. Chauvin’s Empirical Analysis
938 F.2d 860 · 1991
Citation profile
26 federal appellate · 2 district · 7 state decisions
How this case has been cited
Cited by 45 later decisions — most recently August 2022 · most notably Hopkins v. Saunders (1999), Hubbard v. Administrator, Environmental Protection Agency (1992)
26 federal appellate · 2 district · 7 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)) · 42 U.S.C. § 1988
Relies on Mullane v. Central Hanover Bank & Trust Co. · Mt. Healthy City School District Board of Education v. Doyle · Cleveland Board of Education v. Loudermill · Carey v. Piphus · Zinermon v. Burch
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Finally, we hold that the public employer carries the burden of proving that the plaintiff would have been fired even if procedural due process had been observed. Having deprived an employee of a property interest in his job without first satisfying the requirements of procedural due process, the employer must show by a preponderance of the evidence that the discharge would have occurred even if an appropriate pre-termination hearing had been held.... ( 938 F.2d 860 , 864)”
1 later decision quote this exact passage · from the concurrence“an equitable action for specific relief — which may include an order providing for the reinstatement of an employee with backpay”); Franks v. Bowman Transp. Co., 424 U.S. 747 , 751, 96 S.Ct. 1251 , 1258, 47 L.Ed.2d 444 (1976) (”
1 later decision quote this exact passage · from the dissent“The complained-of constitutional violation is the denial of procedural due process, not the plaintiff's discharge from public employment.”
1 later decision quote this exact passage · from the concurrence
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.