No. 21-185

Scott Solomon v. American Federation of State, County, and Municipal Employees, District Council 37, AFL-CIO

Lower Court: Second Circuit
Docketed: 2021-08-10
Status: Denied
Type: Paid
Experienced Counsel
Tags: agency-fees civil-rights constitutional-rights first-amendment good-faith-defense janus-v-afscme restitution section-1983 state-law
Key Terms:
SocialSecurity FirstAmendment DueProcess CriminalProcedure
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Whether there is a categorical 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 (from Petition)

QUESTION PRESENTED Section 1983 provides that “every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State” deprives a citizen of a constitutional right “shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.” 42 U.S.C. § 1983. Petitioner is a former employee of the State of New York who was compelled to pay agency fees to AFSCME Council 37, under color of New York state law, in violation of his First Amendment rights under Janus v. AFSCME, 138 S. Ct. 2448 (2018). The question presented is whether there is a categorical 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?

Docket Entries

2021-10-04
Petition DENIED.
2021-09-08
DISTRIBUTED for Conference of 9/27/2021.
2021-09-08
Reply of petitioner Scott Solomon filed. (Distributed)
2021-08-23
Brief of respondent AFSCME, Council 37 in opposition filed.
2021-08-06
Petition for a writ of certiorari filed. (Response due September 9, 2021)

Attorneys

AFSCME, Council 37
Jacob Raffel KarabellBredhoff & Kaiser, P.L.L.C., Respondent
Jacob Raffel KarabellBredhoff & Kaiser, P.L.L.C., Respondent
Scott Solomon
Jeffrey Michael SchwabLiberty Justice Center, Petitioner
Jeffrey Michael SchwabLiberty Justice Center, Petitioner