No. 21-716

David Sivella v. Township of Lyndhurst, New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2021-11-15
Status: Denied
Type: Paid
Tags: criminal-investigation employer-liability first-amendment free-speech protected-speech public-employment retaliation whistleblower
Key Terms:
SocialSecurity FirstAmendment JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Does the First Amendment bar a public employer from initiating a baseless criminal investigation in retaliation for a public employee engaging in protected speech?

Question Presented (OCR Extract)

question presented is: Does the First Amendment bar a public employer from initiating a baseless criminal investigation in retaliation for a public employee engaging in protected speech?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-12
Brief of respondent Robert Giangeruso in opposition filed.
2021-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2022.
2021-12-10
Motion to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
2021-10-29
Petition for a writ of certiorari filed. (Response due December 15, 2021)

Attorneys

David Sivella
Joel Sidney SilbermanJoel S. Silberman. Esq., LLC, Petitioner
Joel Sidney SilbermanJoel S. Silberman. Esq., LLC, Petitioner
Robert Giangeruso
Mary Cullen McDonnellPfund McDonnell, PC, Respondent
Mary Cullen McDonnellPfund McDonnell, PC, Respondent