No. 20-1383

Arthur Diamond, et al. v. Pennsylvania State Education Association, et al.

Lower Court: Third Circuit
Docketed: 2021-04-02
Status: Denied
Type: Paid
Experienced Counsel
Tags: 42-usc-1983 civil-rights constitutional-rights damages damages-liability first-amendment good-faith-defense retroactivity section-1983 union-fees
Key Terms:
Arbitration SocialSecurity ERISA FirstAmendment DueProcess CriminalProcedure LaborRelations Privacy JusticiabilityDoctri ClassAction
Latest Conference: 2021-06-10
Question Presented (AI Summary)

Is there a good-faith defense to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rights if the defendant acted under color of a law before it was held unconstitutional?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is there a good-faith defense to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rights if the defendant acted under color of a law before it was held unconstitutional? 2. Are employees who had compulsory union fees seized from them in violation of their First Amendment rights prior to Janus v. AFSCME, Council 31, 1388S. Ct. 2448 (2018), entitled to damages or restitution for their injuries? i

Docket Entries

2021-06-14
Petition DENIED.
2021-05-25
DISTRIBUTED for Conference of 6/10/2021.
2021-05-24
Reply of petitioners Arthur Diamond, et al. filed. (Distributed)
2021-05-10
Brief of respondents Pennsylvania State Education Association, et al. in opposition filed.
2021-05-10
Brief of respondents Pennsylvania Attorney General Josh Shapiro, et al. in opposition filed.
2021-04-20
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021, for all respondents.
2021-04-19
Motion to extend the time to file a response from May 3, 2021 to May 10, 2021, submitted to The Clerk.
2021-03-29
Petition for a writ of certiorari filed. (Response due May 3, 2021)

Attorneys

Arthur Diamond, et al.
Brian Kirk KelseyLiberty Justice Center, Petitioner
Brian Kirk KelseyLiberty Justice Center, Petitioner
Pennsylvania Attorney General Josh Shapiro, James Darby, Albert Mezzaroba, and Robert Shoop, Jr.
John Bartley DeLoneAttorney General's Office, Respondent
John Bartley DeLoneAttorney General's Office, Respondent
Pennsylvania State Education Association, et al.
Jacob Raffel KarabellBredhoff & Kaiser, P.L.L.C., Respondent
Jacob Raffel KarabellBredhoff & Kaiser, P.L.L.C., Respondent