No. 19-893

Shimon Waronker v. Hempstead Union Free School District, et al.

Lower Court: Second Circuit
Docketed: 2020-01-17
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-rights corruption due-process employment-retaliation first-amendment free-speech government-corruption public-employee public-official speech-protection whistleblower
Key Terms:
ERISA SocialSecurity FirstAmendment DueProcess
Latest Conference: 2020-04-17
Question Presented (AI Summary)

Whether the First Amendment protects the speech by a public official that is required by law and that reports and exposes corruption

Question Presented (OCR Extract)

QUESTIONS PRESENTED Dr. Shimon Waronker was hired as the Superintendent of the Hempstead Unified Free School District to transform its schools and to remedy a history of academic problems, financial mismanagement, and corruption. As Superintendent, he discovered corruption which he reported to law enforcement officials as he was required to do by law. After he informed the Board of Education and the community of his actions, he was suspended and then fired. He lost his job for speech that was required by law, that was public, and that reported and exposed corruption. This case thus poses the important questions: 1. Whether the First Amendment protects the speech by a public official that is required by law and that reports and exposes corruption. 2. Whether speech by a public official reporting misconduct to external government officials, outside the chain of command, is protected by the First Amendment, as held by the Fifth, Ninth, and Tenth Circuits, or whether such speech is unprotected under Garcetti v. Ceballos as held by the Second Circuit in this case and by the Sixth and District of Columbia Circuits.

Docket Entries

2020-04-20
Petition DENIED.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2020-03-30
Reply of petitioner Shimon Waronker filed. (Distributed)
2020-03-17
Brief of respondents Hempstead Unified School District, et al. in opposition filed.
2020-02-05
Motion to extend the time to file a response is granted and the time is extended to and including March 19, 2020, for all respondents.
2020-02-04
Motion to extend the time to file a response from February 18, 2020 to March 19, 2020, submitted to The Clerk.
2020-01-15
Petition for a writ of certiorari filed. (Response due February 18, 2020)

Attorneys

Hempstead Unified School District, et al.
Austin Reis GraffThe Scher Law Firm, LLP, Respondent
Austin Reis GraffThe Scher Law Firm, LLP, Respondent
Shimon Waronker
Erwin Chemerinsky — Petitioner
Erwin Chemerinsky — Petitioner