No. 22-394

Eric Brown, et al. v. American Federation of State, County, and Municipal Employees, Council 5, AFL-CIO, et al.

Lower Court: Eighth Circuit
Docketed: 2022-10-27
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 42-usc-1983 agency-fees civil-rights constitutional-rights damages-liability first-amendment good-faith good-faith-defense section-1983
Key Terms:
SocialSecurity FirstAmendment DueProcess CriminalProcedure
Latest Conference: 2022-12-02
Question Presented (AI Summary)

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 (OCR Extract)

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?

Docket Entries

2022-12-05
Petition DENIED.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-14
Waiver of right of respondents American Federation of State, County and Municipal Employees, Council 5, AFL-CIO, et al. to respond filed.
2022-11-14
Waiver of right of respondent Minnesota Association of Professional Employees to respond filed.
2022-10-24
Petition for a writ of certiorari filed. (Response due November 28, 2022)

Attorneys

American Federation of State, County and Municipal Employees, Council 5, AFL-CIO, et al.
Ramya RavindranBredhoff & Kaiser, P.L.L.C., Respondent
Ramya RavindranBredhoff & Kaiser, P.L.L.C., Respondent
Eric Brown, et al.
Jeffrey Michael SchwabLiberty Justice Center, Petitioner
Jeffrey Michael SchwabLiberty Justice Center, Petitioner
Minnesota Association of Professional Employees
Patrick Casey PittsAltshuler Berzon LLP, Respondent
Patrick Casey PittsAltshuler Berzon LLP, Respondent