Fifth Circuit· 4/19/2004

Kinney v. Weaver

Citations

367 F.3d 337

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

“[E]ngaging in Pickering balancing is not like per- forming rational basis review, where we uphold government action as long as there is some imaginable legitimate basis for it.”
applying Pickering to police instructors because “[l]aw enforcement agencies have a legitimate interest in exercising discretion over the choice of the instructors who train the officers who will, in turn, carry out the agencies’ public duties”
“[T]he court decides that a genuine issue of fact exists regarding whether the defendant(s) did, in fact, engage in such conduct.”
“[W]e have jurisdiction to accept the facts as assumed by the district court . . . .”
“We do not let the governmental defendant prevail, on summary judg- ment, by relying on interests that, viewing the record in the non-movant’s favor, are not reasonably threatened in the case.”
“[I]t is well-established in the jurisprudence of both the Supreme Court and this court that official misconduct is of great First Amendment significance . . . .”

Source: CourtListener parenthetical corpus (CC0).

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Cited by

142 cases in this archive cite this case; the 20 most cited are listed.

Cites

121 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Kinney v. Weaver

6 other CourtListener records share this case name.

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