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“[L]ater events may not create jurisdiction where none existed at the time of filing.”
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Top citers, strongest first. 19 distinct citers.
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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)
Display Research Laboratories, Inc. v. Telegen Corp.
ater events may not create jurisdiction where none existed at the time of filing.
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.
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).
cited
Cited "see"
Gerald L. Hale v. Secretary, Department of the Treasury
See Christopher v. Stouder Memorial Hosp., 936 F.2d 870, 877 (6th Cir.), cert. denied, 502 U.S. 1013 (1991).
discussed
Cited "see, e.g."
McMenemy v. City of Rochester
See Johnson v. Palma, 931 F.2d 203, 208 (2d Cir.1991) (allowing retaliation claim where the plaintiff alleged that his union retaliated against him by refusing to prosecute his grievance because the plaintiff had filed an administrative charge of racial discrimination against his employer); see also Christopher v. Stouder Memorial Hosp., 936 F.2d 870, 873-74 (6th Cir.), cert. denied, 502 U.S. 1013 , 112 S.Ct. 658 , 116 L.Ed.2d 749 (1991) (reporting trial court’s finding that defendant’s frequent reference to plaintiffs sex discrimination action against prior employer warranted inference th…
discussed
Cited "see, e.g."
Laurie Mcmenemy v. City Of Rochester
See Johnson v. Palma, 931 F.2d 203, 208 (2d Cir. 1991) (allowing retaliation claim where the plaintiff alleged that his union retaliated against him by refusing to prosecute his grievance because the plaintiff had filed an administrative charge of racial discrimination against his employer); see also Christopher v. Stouder Memorial Hosp., 936 F.2d 870 , 873 74 (6th Cir.), cert. denied, 502 U.S. 1013 (1991) (reporting trial court's finding that defendant's frequent reference to plaintiff's sex discrimination action against prior employer warranted inference that defendant's refusal to hire was …
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."
Cotto v. United Technologies Corp.
Id., 631-32; see also Ezekwo v. New York City Health & Hospitals Corp., 940 F.2d 775 , 781 (2d Cir.), cert. denied, 502 U.S. 1013 , 122 S. Ct. 657 , 116 L.
discussed
Cited "see, e.g."
Rennels v. NME Hospitals, Inc.
(2×)
Contractors Inc., 847 F.Supp. 514, 519 (E.D.Tex.1994) (adopting Sibley rationale); see also Christopher v. Stouder Mem'l Hosp., 936 F.2d 870, 875 (6th Cir.), cert. denied, 502 U.S. 1013 , 112 S.Ct. 658 , 116 L.Ed.2d 749 (1991); Zaklama v. Mt.
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 …
Retrieving the full opinion text from the archive…
Hilliard
v.
City and County of Denver
v.
City and County of Denver
No. 91-424.
Supreme Court of the United States.
Dec 16, 1991.
Cited by 1 opinion | Published
Citer courts: N.D. California (1) · N.D. New York (1)
C. A. 10th Cir. Certiorari denied.