Johnson v. Peterson’s Empirical Analysis
996 F.2d 397 · 1993
Citation profile
5 federal appellate · 9 district ·
How this case has been cited
Cited by 19 later decisions — most recently March 2017
5 federal appellate · 9 district ·
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 Vinieratos v. United States, Department of the Air Force ex rel. Aldridge · Marcia R. Harrison v. Otis R. Bowen, Secretary, H.H.S · Smith v. Kaldor · American Federation of Government Employees, Local 2052 v. Reno
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Within 90 days of receipt of notice of final action taken [i] by a department, agency, or unit referred to in subsection (a) of this section, or [ii] by the Equal Employment Opportunity Commission upon an appeal from a. decision or order of such department, agency, or unit on a complaint of discrimination based on race, color, religion, sex or national origin, brought pursuant to subsection (a) of this section, ... an employee or applicant for employment, if aggrieved by the final disposition of his complaint, or by the failure to take final action on his complaint, may file a civil action as provided in section 2000e-5 of this title, in which civil action the head of the department, agency, or unit, as appropriate, shall be the defendant.”
1 later decision quote this exact passage · from the majority“[S]ection 7121(d) requires a federal employee with a pure discrimination complaint to choose between the statutory and the negotiated grievance procedures. The employee who chooses the negotiated procedure may appeal the arbitrator’s decision to the EEOC. Only after the EEOC has rendered a decision or failed to do so within 180 days may the employee use section 2000e-16(c) and initiate suit in district court. After the arbitrator ruled against them, [plaintiffs] attempted to bring suit in district court without first appealing to the EEOC. They failed to exhaust their ad ministrative remedies and, as a consequence, their lawsuit was properly dismissed by the district court.”
1 later decision quote this exact passage · from the majority“[S]ection 7121(d)'s preservation of the mixed claim employee's right to appeal to the MSPB created the bridge by which the employee following the negotiated procedure could revert to the statutory path and seek judicial review.”
1 later decision quote this exact passage · from the majority
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.