51 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  2. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,260 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
  3. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,280 times   100 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough
  4. Garcetti v. Ceballos

    547 U.S. 410 (2006)   Cited 4,023 times   62 Legal Analyses
    Holding if an employee does not speak as a citizen on a matter of public concern, "the employee has no First Amendment cause of action based on his or her employer's reaction to the speech"
  5. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,744 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
  6. Younger v. Harris

    401 U.S. 37 (1971)   Cited 16,699 times   14 Legal Analyses
    Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"
  7. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,679 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
  8. Meritor Sav. Bank v. Vinson

    477 U.S. 57 (1986)   Cited 6,486 times   18 Legal Analyses
    Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive
  9. Cleveland Board of Education v. Loudermill

    470 U.S. 532 (1985)   Cited 6,891 times   7 Legal Analyses
    Holding that the tenured public employee was "entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story"
  10. Pickering v. Board of Education

    391 U.S. 563 (1968)   Cited 5,661 times   28 Legal Analyses
    Holding teacher's dismissal for criticizing school board unconstitutional
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,625 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,715 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,868 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  14. Section 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,454 times   21 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"
  15. Section 12111 - Definitions

    42 U.S.C. § 12111   Cited 8,023 times   60 Legal Analyses
    Adopting the definition of "person" in 42 U.S.C. § 2000e for purposes of Title I of the ADA
  16. Section 3813 - Presentation of claims against the governing body of any school district or certain state supported schools

    N.Y. Educ. Law § 3813   Cited 1,000 times
    Requiring service of a notice of claim on the "governing body of district or school" subject to the action
  17. Section 3020-A - Disciplinary procedures and penalties

    N.Y. Educ. Law § 3020-A   Cited 919 times
    Applying to "person enjoying the benefits of tenure"
  18. Section 2590-J - Appointment and removal of persons in the teaching and supervisory service

    N.Y. Educ. Law § 2590-J   Cited 67 times

    1. Persons in the teaching and supervisory service in all schools in the city system shall be appointed as prescribed by this section. 2. The chancellor shall promulgate minimum education and experience requirements for all teaching and supervisory service positions which shall not be less than minimum state requirements for certification, and with the approval of the city board shall create and abolish the titles of all positions in the teaching and supervisory service. 4. (a) The chancellor shall

  19. Section 2568 - Superintendent of schools authorized to require medical examination of certain employees of certain boards of education

    N.Y. Educ. Law § 2568   Cited 20 times

    The superintendent of schools of a city having a population of one million or more shall be empowered to require any person employed by the board of education of such city to submit to a medical examination by a physician or school medical inspector of the board, in order to determine the mental or physical capacity of such person to perform his duties, whenever it has been recommended in a report in writing that such examination should be made. Such report to the superintendent may be made only

  20. Section 82-1.10 - Conduct of hearings

    N.Y. Comp. Codes R. & Regs. tit. 8 § 82-1.10   Cited 3 times

    (a) Cine photographs, still photographs, videotape recordings and audiotape recordings may not be taken at private hearings, and may be taken at public hearings only when permitted by the hearing officer. (b) Public hearings shall be open to members of the public and to representatives of the news media, except that the hearing officer may, in his or her discretion, exclude any persons other than parties, witnesses, and their attorneys from all or any portion of the hearing where such exclusion is

  21. Section 82-1.6 - Appointment of hearing officer and notice of prehearing conference

    N.Y. Comp. Codes R. & Regs. tit. 8 § 82-1.6

    (a) Forthwith after receipt of notification of the need for a hearing, the commissioner shall notify the association, obtain a list of potential hearing officers, together with relevant biographical information, and send a copy thereof to the attorneys representing the employing board and employee, or to the employee if he or she is not so represented. Such list shall consist of individuals selected by the association who are qualified to serve as hearing officers. To be qualified to serve as a hearing

  22. Section 82-1.4 - Request for a hearing

    N.Y. Comp. Codes R. & Regs. tit. 8 § 82-1.4

    Where the employee desires a hearing, he or she may file a written request for a hearing with the clerk or secretary of the employing board within 10 days of receipt of the charges, and where the charges concern pedagogical incompetence or issues involving pedagogical judgment, the employee shall choose either a single hearing officer or a three member panel. In the request for a hearing, the employee may designate an attorney who will represent the employee at the hearing and who shall be authorized