No. 19-1130

Dale Danielson, et al. v. Jay Inslee, Governor of Washington, et al.

Lower Court: Ninth Circuit
Docketed: 2020-03-16
Status: Denied
Type: Paid
Relisted (9) Experienced Counsel
Tags: 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights court-ruling good-faith-defense private-entities qualified-immunity restitution retroactivity takings
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
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. Mr. Danielson 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.
2021-01-19
DISTRIBUTED for Conference of 1/22/2021.
2021-01-14
Rescheduled.
2021-01-04
Supplemental brief of respondents Washington Federation of State Employees, AFSCME Council 28, AFL-CIO filed. (Distributed)
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.
2020-06-08
Reply of petitioners Dale Danielson, et al. filed. (Distributed)
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-15
Brief of respondent Governor Jay Inslee; David Schumacher, Director OFM in opposition filed.
2020-05-11
Brief of respondent Washington Federation of State Employees, AFSCME Council 28, AFL-CIO in opposition filed.
2020-03-30
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2020, for all respondents.
2020-03-25
Motion of respondent Washington Federation of State Employees, AFSCME Council 28, AFL-CIO to extend the time to file a response from April 15, 2020 to May 15, 2020, submitted to The Clerk.
2020-03-12
Petition for a writ of certiorari filed. (Response due April 15, 2020)

Attorneys

Dale Danielson, et al.
Jonathan F. MitchellMitchell Law PLLC, Petitioner
Jonathan F. MitchellMitchell Law PLLC, Petitioner
Governor Jay Inslee; David Schumacher, Director OFM
Alicia Orlena YoungWashington Office of the Attorney General, Respondent
Alicia Orlena YoungWashington Office of the Attorney General, Respondent
Washington Federation of State Employees, AFSCME Council 28, AFL-CIO
Patrick Casey PittsAltshuler Berzon LLP, Respondent
Patrick Casey PittsAltshuler Berzon LLP, Respondent