Eric Brown, et al. v. American Federation of State, County, and Municipal Employees, Council 5, AFL-CIO, et al.
SocialSecurity FirstAmendment DueProcess CriminalProcedure
Does defendants' good-faith reliance on a state law before it was held unconstitutional shield them from damages liability for taking agency fees from Petitioners in violation of their constitutional rights under 42 U.S.C. § 1983?
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. Petitioners are current and former employees of the State of Minnesota who were compelled to pay agency fees to AFSCME Council 5 or the Minnesota Association of Professional Employees, under color of Minnesota state law, in violation of their First Amendment rights according to Janus v. AFSCME, 138 S. Ct. 2448 (2018). The question presented is: does defendants’ goodfaith reliance on a state law before it was held unconstitutional shield them from damages liability for taking agency fees from Petitioners in violation of their constitutional rights under 42 U.S.C. § 1983?