No. 19-1126

Stacey Mooney v. Illinois Education Association, et al.

Lower Court: Seventh Circuit
Docketed: 2020-03-13
Status: Denied
Type: Paid
Relisted (9) Experienced Counsel
Tags: 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights good-faith-defense private-entities qualified-immunity restitution restitutionary-remedies retroactivity section-1983 takings
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2021-01-22 (distributed 9 times)
Question Presented (AI Summary)

Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly established the illegality of their conduct?

Question Presented (OCR Extract)

question presented is: Does 42 U.S.C. § 1983 provide a “good-faith defense” to private entities who violate another’s (i) constitutional rights before the courts have clearly established the illegality of their conduct? 2. Assuming that 42 U.S.C. § 1983 establishes a “good-faith defense” for private defendants, the parties disagree over its scope. The union believes that its goodfaith reliance on pre-Janus statutes and court rulings should shield it not only from liability for damages, but also from restitutionary remedies that merely require the return of property that was taken in good faith but in violation of another’s constitutional rights. Ms. Mooney acknowledges that defenses such as qualified immunity or “good faith” can shield a defendant from liability for damages, but these defenses never allow defendants to enrich themselves by keeping money or property that they took in violation of the Constitution. The issue presented is: Do the defenses of qualified immunity or “good faith” allow a defendant who takes another person’s money or property in violation of the Constitution—but in reliance on a statute or court ruling that purported to authorize its conduct and is only later declared unconstitutional—to keep that money or property when the owner sues for its return? (ii)

Docket Entries

2021-01-25
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-14
Rescheduled.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-11-10
Rescheduled.
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-10-29
Rescheduled.
2020-10-26
DISTRIBUTED for Conference of 10/30/2020.
2020-10-14
Rescheduled.
2020-10-13
DISTRIBUTED for Conference of 10/16/2020.
2020-10-05
Rescheduled.
2020-09-23
DISTRIBUTED for Conference of 10/9/2020.
2020-08-04
Rescheduled.
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-06-23
Rescheduled.
2020-06-22
DISTRIBUTED for Conference of 6/25/2020.
2020-06-16
Rescheduled.
2020-06-09
Reply of petitioner Stacey Mooney filed. (Distributed)
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-11
Brief of respondents Illinois Education Association, et al. in opposition filed.
2020-03-20
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2020.
2020-03-20
Motion to extend the time to file a response from April 13, 2020 to May 13, 2020, submitted to The Clerk.
2020-03-10
Petition for a writ of certiorari filed. (Response due April 13, 2020)

Attorneys

Illinois Education Association, et al.
John Miller WestBredhoff & Kaiser, P.L.L.C., Respondent
John Miller WestBredhoff & Kaiser, P.L.L.C., Respondent
Stacey Mooney
Jonathan F. MitchellMitchell Law PLLC, Petitioner
Jonathan F. MitchellMitchell Law PLLC, Petitioner