green
Positive treatment
Quoted verbatim 1×
6.6 score
G Cite
cited 3× by 1 distinct case ·
“the nature and contours of a specific property interest are defined by some source independent of the Constitution”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 26 distinct citers.
How cited ↗
discussed
Cited "but see"
Latif v. University of Texas Southwestern Medical Center
In contrast, the Fifth Circuit has held that “medical residents are not employees protected by the due process clause.” Shaboon v. Duncan, 252 F.3d 722, 732 (5th Cir.2001) (citing Davis v. Mann, 882 F.2d 967, 974 (5th Cir.1989)); but see Ezekwo v. New York City Health & Hospitals Corporation, 940 F.2d 775 , 785 (2nd Cir.) (“While a medical residency program is largely an academic undertaking, it also is an employment relationship.”), cer t. denied, 502 U.S. 1013 , 112 S.Ct. 657 , 116 L.Ed.2d 749 (1991).
discussed
Cited as authority (quoted)
Ferrara v. Superintendent, New York State Police
the nature and contours of a specific property interest are defined by some source independent of the constitution
discussed
Cited "see"
Beckwith v. Erie County Water Authority
See Ezekwo v. New York City Health & Hospitals Corp., 940 F.2d 775 (2d Cir.) (resident physician’s complaints regarding operation of hospital department were not protected speech), cert. denied, 502 U.S. 1013 , 112 S.Ct. 657 , 116 L.Ed.2d 749 (1991); Hellstrom v. U.S. Dep’t of Veterans Affairs, 178 F.Supp.2d 164 (N.D.N.Y.2001) (comments by laboratory chief regarding the manner in which a personnel matter was handled do not constitute protected speech for purposes of the First Amendment), aff'd, 46 Fed.Appx. *222 651 (2d Cir.2002); Harris v. Merwin, 901 F.Supp. 509, 512 (N.D.N.Y.1995) (prof…
discussed
Cited "see"
Henkle v. Gregory
See Seamons v. Snow, 84 F.3d 1226, 1237 (10th Cir.1996)(quoting Hilliard v. City and County of Denver, 930 F.2d 1516, 1518 (10th Cir.), cert. denied, 502 U.S. 1013 , 112 S.Ct. 656 , 116 L.Ed.2d 748 (1991)) (stating “[t]he plaintiff need not show the specific action at issue has been previously held unlawful, he need only show that the alleged unlawfulness was apparent in light of preexisting law”).
cited
Cited "see"
Belch v. Jefferson County
See Ezekwo v. NYC Health and Hospitals Corp., 940 F.2d 775, 780-81 (2d Cir.), cert. denied, 502 U.S. 1013 , 112 S.Ct. 657 , 116 L.Ed.2d 749 (1991).
cited
Cited "see"
Velasquez v. Goldwater Memorial Hospital
See Ezekwo v. NYC Health & Hospitals Corp., 940 F.2d 775, 780-81 (2d Cir.), cert. denied, 502 U.S. 1013 , 112 S.Ct. 657 , 116 L.Ed.2d 749 (1991).
discussed
Cited "see"
Charlie Hinduja, Varsha D. Hinduja v. Arco Products Co.
(2×)
See Sanders v. City of Brady (In re Brady, Texas, Municipal Gas Corp.), 936 F.2d 212, 218-19 (5th Cir.), cert. denied 502 U.S. 1013 , 112 S.Ct. 657 , 116 L.Ed.2d 748 (1991) (although the bankruptcy court had jurisdiction under a reorganization plan, that jurisdiction was not exclusive of state court jurisdiction); cf. Watson v. Shandell (In re Watson), 192 B.R. 739, 748 (9th Cir. BAP 1996).
cited
Cited "see"
McNill v. New York City Department of Correction
See Ezekwo v. NYC Health & Hospitals Corp., 940 F.2d 775, 782-83 (2d Cir.), cert. denied, 502 U.S. 1013 , 112 S.Ct. 657 , 116 L.Ed.2d 749 (1991).
discussed
Cited "see"
Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'n
(2×)
Martin-Trigona v. Belford (In re Martin Trigona), 781 F.2d 36, 39 (2d Cir.1986) (plan expressly provided for the sale of the debtor’s assets to third party); accord Sanders v. City of Brady (In re Brady, Texas, Municipal Gas Corp.), 936 F.2d 212, 218 (5th Cir.) (plan provided for transfer of debtor’s assets to the city), cert. denied, - U.S. -, 112 S.Ct. 657 , 116 L.Ed.2d 748 (1991); Cunningham v. Healthco, Inc., 824 F.2d 1448, 1460 (5th Cir.1987) (plan provided that debtor’s cash recoveries from litigation were to remain under the supervision of the bankruptcy court and were property of…
discussed
Cited "see"
1993-1 Trade Cases P 70,285, 29 Collier bankr.cas.2d 470, Bankr. L. Rep. P 75,331 Hillis Motors, Inc., and Dallas Edward Rowley v. Hawaii Automobile Dealers' Association
(2×)
Martin-Trigona v. Belford (In re Martin Trigona), 781 F.2d 36, 39 (2d Cir.1986) (plan expressly provided for the sale of the debtor's assets to third party); accord Sanders v. City of Brady (In re Brady, Texas, Municipal Gas Corp.), 936 F.2d 212, 218 (5th Cir.) (plan provided for transfer of debtor's assets to the city), cert. denied, --- U.S. ----, 112 S.Ct. 657 , 116 L.Ed.2d 748 (1991); Cunningham v. Healthco, Inc., 824 F.2d 1448, 1460 (5th Cir.1987) (plan provided that debtor's cash recoveries from litigation were to remain under the supervision of the bankruptcy court and were property of …
discussed
Cited "see"
White Plains Towing Corp. v. Patterson
Accordingly, a public employee who seeks to recover on the ground that he has been discharged because of the exercise of his First Amendment speech rights must establish, as an initial matter, that his speech may be "`fairly characterized as constituting speech on a matter of public concern.'" Rankin v. McPherson, 483 U.S. at 384 , 107 S.Ct. at 2897 (quoting Connick v. Myers, 461 U.S. at 146 , 103 S.Ct. at 1689 ); see Ezekwo v. NYC Health & Hospitals Corp., 940 F.2d 775, 781 (2d Cir.), cert. denied, - U.S. -, 112 S.Ct. 657 , 116 L.Ed.2d 749 (1991).
discussed
Cited "see"
White Plains Towing Corp. v. Patterson
"The determination whether a public employer has properly discharged an employee for engaging in speech requires 'a balance between the interests of the [employee], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees.' " Rankin v. McPherson, 483 U.S. at 384 , 107 S.Ct. at 2896 -97 (quoting Pickering v. Board of Education, 391 U.S. at 568 , 88 S.Ct. at 1734-35 ). 45 Accordingly, a public employee who seeks to recover on the ground that he has been discharged…
discussed
Cited "see"
Matter of Besing
(2×)
See In re Brady, 936 F.2d 212 , 217 (5th Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 657 , 116 L.Ed.2d 748 (1991).
discussed
Cited "see"
Besing v. Hawthorne (In Re Besing)
(2×)
See In re Brady, 936 F.2d 212 , 217 (5th Cir.), cert. denied, — U.S. -, 112 S.Ct. 657 , 116 L.Ed.2d 748 (1991).
discussed
Cited "see"
Kenneth E. Wilcox v. Niagara of Wisconsin Paper Corporation and Elmer Beale
(2×)
See National Solid Wastes Management Ass’n v. Killian, 918 F.2d 671 (7th Cir.1990), cert. granted under the name Gade v. National Solid Wastes Management Ass’n, — U.S. -, 112 S.Ct. 656 , 116 L.Ed.2d 748 (1991).
cited
Cited "see"
No. 90-1166
Accord Hilliard v. City and County of Denver, 930 F.2d 1516, 1520-21 (10th Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 656 , 116 L.Ed.2d 748 (1991).
cited
Cited "see"
Medina v. City & County Denver
Accord Hilliard v. City and County of Denver, 930 F.2d 1516, 1520-21 (10th Cir.), cert. denied, — U.S. -, 112 S.Ct. 656 , 116 L.Ed.2d 748 (1991).
cited
Cited "see, e.g."
Cohen v. Director, Division of Taxation
See also Sanders v. City of Brady, 936 F. 2d 212 , 218 (5th Cir.), cert. denied, 502 U.S. 1013 , 112 S.Ct. 657 , 116 L.Ed 2d 748 (1991).
cited
Cited "see, e.g."
Violissi v. City of Middletown
See also Ezekwo v. NYC Health & Hospitals Corp., 940 F.2d 775, 782 (2d Cir.), cert. denied, 502 U.S. 1013 , 112 S.Ct. 657 , 116 L.Ed.2d 749 (1991).
discussed
Cited "see, e.g."
McIntyre v. Guild, Inc.
See, e.g, Ezekwo v. NYC Health & Hospitals Corp., 940 F.2d 775, 781 (2nd Cir.), cert. denied, 502 U.S. 1013 , 112 S.Ct. 657 , 116 L.Ed.2d 749 (1991) (complaints about hospital residency program were personal because the speaker’s primary aim was “to protect her own reputation and individual development as a doctor”); Hawkins v. Public Safety Dept., 325 Md. 621, 632-33 , 602 A.2d 712 (1992) (statement that “Hitler should have gotten rid of all you Jews” was an expression of anger rather than an attempt to stimulate a dialogue on the Holocaust).
discussed
Cited "see, e.g."
Luck v. Mazzone
Thus, the First Amendment does not immunize from dismissal a public employee who speaks "not as a citizen upon matters of public concern, but instead as an employee upon matters only of personal interest." Id. at 147 , 103 S.Ct. at 1690 ; see, e.g., Ezekwo v. NYC Health & Hospitals Corp., 940 F.2d 775, 781 (2d Cir.) (medical resident's complaints about aspects of residency program that negatively affected her were "personal in nature and generally related to her own situation," and hence dismissal on account of those complaints did not violate the First Amendment), cert. denied, 502 U.S. 1013 …
discussed
Cited "see, e.g."
Luck v. Mazzone
Thus, the First Amendment does not immunize from dismissal a public employee who speaks “not as a citizen upon matters of public concern, but instead as an employee upon matters only of personal interest.” Id. at 147 , 103 S.Ct. at 1690 ; see, e.g., Ezekwo v. NYC Health & Hospitals Corp., 940 F.2d 775, 781 (2d Cir.) (medical resident’s complaints about aspects of residency program that negatively affected her were “personal in nature and generally related to her own situation,” and hence dismissal on account of those complaints did not violate the First Amendment), cert. denied, 502 …
discussed
Cited "see, e.g."
Tobin Don Lemmons, Also Known as Everett Melson v. Law Firm of Morris and Morris Fred v. Monochello and Denise Graham
Qualified immunity shields government officials from suit for damages “insofar *267 as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982); see also Hilliard v. City and County of Denver, 930 F.2d 1516, 1518-19 (10th Cir.), cert. denied, — U.S. -, 112 S.Ct. 656 , 116 L.Ed.2d 748 (1991); Dixon v. Richer, 922 F.2d 1456, 1459-60 (10th Cir.1991).
discussed
Cited "see, e.g."
Sapp v. Cunningham
The reason for this conclusion is that the gravamen of DeShaney is the notion that the state has no affirmative duty, in the non-custodial context, “to protect an individual against private violence[.]” Id. 489 U.S. at 197 , 109 S.Ct. at 1004 (emphasis added); see also Hilliard v. City and County of Denver, 930 F.2d 1516, 1520 (10th Cir.), cert. denied, — U.S. -, 112 S.Ct. 656 , 116 L.Ed.2d 748 (1991) (characterizing DeShaney as standing for the proposition that there is “no constitutional duty on the apart of state or local governments to rescue their citizens from invasion by private…
discussed
Cited "see, e.g."
Rogers v. City of Port Huron
See e.g., Hilliard v. City & County of Denver, 930 F.2d 1516 (10th Cir.), cert. denied, -U.S. -, 112 S.Ct. 656 , 116 L.Ed.2d 748 (1991); Courson v. McMillian, 939 F.2d 1479 (11th Cir. 1991); Wood v. Ostrander, 879 F.2d 583 (9th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990); Moore v. Marketplace Restaurant, Inc., 754 F.2d 1336 (7th Cir.1985); White v. Rochford, 592 F.2d 381 (7th Cir.1979). 8 .In this case, unlike the rescuers in Ross , the passerbys were not already in the process of taking the drunk Decedent home.
discussed
Cited "see, e.g."
NU-LIFE CONST. v. Bd. of Educ. of City of New York
A line of cases deal with public speech in the realm of government employment holding that in determining whether there was a violation of First Amendment rights, it is the role of the courts to “balance between the interests of the [employee], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees” (Pickering v. Board of Education, 391 U.S. 563, 568 , 88 S.Ct. 1731, 1734 , 20 L.Ed.2d 811 [1968]; see also Ezekwo v. New York City Health & Hospitals Corp., 9…
Retrieving the full opinion text from the archive…
George O. SANDERS
v.
CITY OF BRADY, TEXAS
v.
CITY OF BRADY, TEXAS
No. 91-671.
Supreme Court of the United States.
Dec 16, 1991.
Cited by 62 opinions | Published
Citer courts: N.D. New York (1)
Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
Denied.