green
Positive treatment
Quoted verbatim 1×
7.0 score
“the test is whether the position held by the individual authorizes, either directly or indirectly, meaningful input into government decision making on issues where there is room for principled disagreement on goals or their implementation.”
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 23 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Agosto v. Aponte Roque
the test is whether the position held by the individual authorizes, either directly or indirectly, meaningful input into government decision making on issues where there is room for principled disagreement on goals or their implementation.
discussed
Cited as authority (rule)
Boyle v. County Of Allegheny Pennsylvania
Factors relevant in this inquiry include 88 whether the employee's duties are simply ... nondiscretionary or technical, ... whether the employee participates in ... discussions or other meetings, whether the employee prepares budgets or has authority to hire or fire employees, the salary of the employee, and the employee's power to control others and to speak in the name of policymakers. 89 Id. at 169 (citations omitted). 90 To a great degree, the evolution of political patronage law in the Third Circuit as embodied in the case law discussed above, set the stage for this court's watershed opin…
discussed
Cited as authority (rule)
Waskovich v. Morgano
Therefore, it is appropriate to consult factors such as "whether the employee's duties are simply ... nondiscretionary or technical, ... whether the employee participates in ... discussions or other meetings, whether the employee prepares budgets or has authority to hire or fire employees, the salary of the employee, and the employee's power to control others and to speak in the name of policymakers." Id. at 169 (citations omitted). 24 Equally as important, we have focused our analysis on "the function[s] of the public office in question and not the actual past duties of the particular employe…
discussed
Cited as authority (rule)
Waskovich v. Morgano
Therefore, it is appropriate to consult factors such as “whether the employee’s duties are simply ... nondiscretionary or technical, ... whether the employee participates in ... discussions or other meetings, whether the employee prepares budgets or has authority to hire or fire employees, the salary of the employee, and the employee’s power to control others and to speak in the name of policymakers.” Id. at 169 (citations omitted).
discussed
Cited "see"
Campbell v. Fasco Industries, Inc.
See id. (statements of employee admissible against employer in civil rights action where employee worked closely with declarant and was involved in decision-making process on which he spoke); see also Cebula v. General Elec.
cited
Cited "see"
Nick Marino v. Writers Guild of America, East, Inc. Writers Guild of America, West, Inc. Francis Ford Coppola and Mario Puzo
See United Steelworkers of Am. v. Smoke-Craft, Inc., 652 F.2d 1356, 1360 (9th Cir.1981), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1718 , 72 L.Ed.2d 139 (1982).
cited
Cited "see"
Henson v. Thezan
See Nekolny v. Painter, 653 F.2d 1164 (7th Cir.1981), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1719 , 72 L.Ed.2d 139 (1982).
discussed
Cited "see"
George Rakovich v. Gregory Wade and Darryl Drake, George Rakovich v. Chester Kass
(2×)
See Nekolny v. Painter, 653 F.2d 1164, 1168 (7th Cir.1981), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1719 , 72 L.Ed.2d 139 (1982).
discussed
Cited "see"
Miriam Estrada-Izquierdo v. Awilda Aponte-Roque, Etc.
(2×)
See Nekolny v. Painter, 653 F.2d 1164, 1168 (7th Cir.1981), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1719 , 72 L.Ed.2d 139 (1982).
discussed
Cited "see"
Dick Dickeson and Beth Weaver v. Deloyd Quarberg and the Board of County Commissioners of Hot Springs County, Wyoming
In Jones v. Dodson, 727 F.2d 1329 (4th Cir.1984), although the claim was remanded for further proceedings on *1444 another issue, the Fourth Circuit concluded that discharge of a deputy sheriff could not be justified on the ground that party affiliation was essential to the effective performance of his duties, stating: Under the Branti test, we do not believe that the duties of deputy sheriffs, no matter what the size of the office, or the specific position of power involved, or the customary intimacy of the associations within the office, or the undoubted need for mutual trust and confidence …
cited
Cited "see"
Zewde v. Elgin Community College
See Nekolny v. Painter, 653 F.2d 1164, 1170 (7th Cir.1981), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1719 , 72 L.Ed.2d 139 (1982); Holly, 571 F.Supp. at 673 .
discussed
Cited "see"
Jones v. Dodson
(2×)
also: Cited "see, e.g."
Under the Branti test, we do not believe that the duties of deputy sheriffs, no matter what the size of the office, or the specific position of power involved, or the customary intimacy of the associations within the office, or the undoubted need for mutual trust and confidence within any law enforcement agency, could be found to involve policymaking related to “partisan political interests” and to involve access to confidential information “bearing ... on partisan political concerns.” Id. at 519 ; see Nekolny v. Painter, 653 F.2d 1164, 1170 (7th Cir.1981), ce rt. denied, 455 U.S. 1021…
discussed
Cited "see"
Clara B. Jones v. Ray M. Dodson, Both Individually and in His Capacity of Sheriff of Page County, Edward M. Sedwick v. Ray M. Dodson, Individually and in His Capacity of Sheriff of Page County
(2×)
also: Cited "see, e.g."
But this rejected notion was also relied upon by the district judge here in finding Branti justification for Sedwick's termination. 42 Under the Branti test, we do not believe that the duties of deputy sheriffs, no matter what the size of the office, or the specific position of power involved, or the customary intimacy of the associations within the office, or the undoubted need for mutual trust and confidence within any law enforcement agency, could be found to involve policymaking related to "partisan political interests" and to involve access to confidential information "bearing ... on part…
examined
Cited "see"
Gannon v. Daley
(3×)
See id. (citing Elrod v. Burns, 427 U.S. 347, 367 , 96 S.Ct. 2673, 2686-87 , 49 L.Ed.2d 547 (1976) (plurality opinion)).
discussed
Cited "see, e.g."
Ortiz v. San Miguel County
Compare Nekolny v. Painter, 653 F.2d 1164, 1170 (7th Cir.1981), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1719 , 72 L.Ed.2d 139 (1982), with Jimenez Fuentes v. Torres Gaztambide, 807 F.2d 236, 241-42 (1st Cir.1986), cert. denied, 481 U.S. 1014 , 107 S.Ct. 1888 , 95 L.Ed.2d 496 (1987).
cited
Cited "see, e.g."
Selch v. Letts
See, e.g., Nekolny v. Painter, 653 F.2d 1164, 1167 (7th Cir.1981), cert. denied 455 U.S. 1021 , 102 S.Ct. 1719 , 72 L.Ed.2d 139 (1982). 22 .
discussed
Cited "see, e.g."
Green v. Henley
Thus, if an officeholder performs fewer or less important functions than usually attend his position, he may still be exempt from the prohibition against political terminations if his position inherently encompasses tasks that render his political affiliation an appropriate prerequisite for effective performance.” Tomczak v. City of Chicago, 765 F.2d 633, 640-41 (7th Cir.) (citations omitted), ce rt. denied, 474 U.S. 946 , 106 S.Ct. 313 , 88 L.Ed.2d 289 (1985); see also Nekolny v. Painter, 653 F.2d 1164, 1170 (7th Cir.1981) (“The test is whether the position held by the individual authoriz…
discussed
Cited "see, e.g."
Green v. Henley
Thus, if an officeholder performs fewer or less important functions than usually attend his position, he may still be exempt from the prohibition against political terminations if his position inherently encompasses tasks that render his political affiliation an appropriate prerequisite for effective performance." Tomczak v. City of Chicago, 765 F.2d 633, 640-41 (7th Cir.) (citations omitted), cert. denied, 474 U.S. 946 , 106 S.Ct. 313 , 88 L.Ed.2d 289 (1985); see also Nekolny v. Painter, 653 F.2d 1164, 1170 (7th Cir.1981) ("The test is whether the position held by the individual authorizes, e…
cited
Cited "see, e.g."
Stanley L. Boren, Shirley Boren v. Donald Sable, Sr. And Donald Sable, II
See also Nekolny v. Painter, 653 F.2d 1164, 1171 (7th Cir.1981), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1719 , 72 L.Ed.2d 139 (1982).
cited
Cited "see, e.g."
Rubenstein v. City of Chicago
See also Nekolny v. Painter, 653 F.2d 1164, 1170 (7th Cir.1981), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1719 , 72 L.Ed.2d 139 (1982).
discussed
Cited "see, e.g."
Gutierrez v. City of Chicago
See also Nekolny v. Painter, 653 F.2d 1164 (7th Cir.1981), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1719 , 72 L.Ed.2d 139 (1982) (Seventh Circuit held that evidence was sufficient to establish that two of three employees were terminated because they worked against their township’s supervisor’s election).
discussed
Cited "see, e.g."
Chicago Newspaper Guild v. Field Enterprises, Inc., Newspaper Division
See also United Steelworkers of America v. Smoke-Craft, Inc., 652 F.2d 1356, 1360 (9th Cir.1981) (failure to raise certain claims before arbitrator waives them in confirmation proceeding), cert. denied, 455 U.S. 1021 , 102 S.Ct. 1718 , 72 L.Ed.2d 139 (1982); Cook Industries, Inc. v. C.
Retrieving the full opinion text from the archive…
Wilson
v.
Renner, United States District Judge for the District of Minnesota (Mutual of Omaha Insurance Co., Real Party in Interest)
v.
Renner, United States District Judge for the District of Minnesota (Mutual of Omaha Insurance Co., Real Party in Interest)
No. 81-1423.
Supreme Court of the United States.
Mar 22, 1982.
Cited by 151 opinions | Published
Citer courts: D. Puerto Rico (1)
C. A. 8th Cir. Certiorari denied.