public-employment

18 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-106 Patricia Fritz v. Westmoreland County, Pennsylvania, et al. Third Circuit 2024-07-31 Denied Response Waived civil-rights due-process employment-discrimination first-amendment media-harassment public-employment retaliation title-vii wrongful-termination Why was the Petitioner not given her position back when she was exonerated and has sworn testimony that has proved that there was no racial discrimina…
23-1368 Luis S. Arana, aka Luis S. Arana Santiago v. Luis Tapia Maldonado, et al. Puerto Rico 2024-07-02 Denied Relisted (2) administrative-hearing administrative-procedure cross-examination due-process equal-protection fourteenth-amendment notice-requirement public-employment tenure-rights In the circumstances described in the first paragraph, was the due process violated? 2. In the circumstances described in the second paragraph, was t…
23-441 Patrick Fehlman v. James Mankowski Seventh Circuit 2023-10-26 Denied civil-rights constitutional-rights due-process employment-law first-amendment free-speech government-retaliation public-employee public-employment retaliation Is the government free to continue to retaliate against a former public employee for speech made during the employee's employment?
22-1009 Barbara Kolkowski v. Ashtabula Area Teacher's Association, et al. Ohio 2023-04-17 Denied Response Waived civil-rights collective-bargaining due-process fourteenth-amendment free-speech grievance-process individual-rights labor-law liberty-interest public-employment statutory-interpretation Ohio has a public employee statutory scheme for collective bargaining. In this statutory scheme, the Ohio Legislature took care to create an individua…
22-498 Kristine Kurk v. Los Rios Classified Employees Association, et al. Ninth Circuit 2022-11-28 Denied Amici (3)Response RequestedResponse WaivedRelisted (3) civil-rights collective-bargaining compelled-association due-process first-amendment free-speech freedom-of-association public-employment state-statute union-membership Does the First Amendment protect a public employee's right to resign union membership at will?
21-716 David Sivella v. Township of Lyndhurst, New Jersey, et al. Third Circuit 2021-11-15 Denied criminal-investigation employer-liability first-amendment free-speech protected-speech public-employment retaliation whistleblower Does the First Amendment bar a public employer from initiating a baseless criminal investigation in retaliation for a public employee engaging in prot…
21-6116 Christopher David Cobb v. United States Eleventh Circuit 2021-10-28 Denied Response WaivedRelisted (2)IFP administrative-law civil-procedure constitutional-law constitutional-violation due-process harmless-error oath-of-office public-employment standing 1) Whether the conflict between Mechanik and Bank of Nova Scotia invite arbitrary decisions from the lower courts. 2) Whether it was a mistake of fac…
21-418 Joseph A. Kennedy v. Bremerton School District Ninth Circuit 2021-09-16 Judgment Issued Amici (68)Relisted (2) constitutional-rights establishment-clause first-amendment free-exercise free-speech public-employment public-school religious-expression 1. Whether a public-school employee who says a brief, quiet prayer by himself while at school and visible to students is engaged in government speech …
21-120 James Tracy v. Florida Atlantic University Board of Trustees, et al. Eleventh Circuit 2021-07-28 Denied academic-freedom content-based content-based-restriction due-process first-amendment free-speech public-employment vagueness vagueness-doctrine viewpoint-discrimination Florida Atlantic University has a reporting policy that requires its faculty and staff to disclose outside professional activities to the university…
20-878 Michael Edwards v. Indiana University Seventh Circuit 2020-12-31 Denied Response Waived 14th-amendment constitutional-rights due-process employment-discrimination equal-protection fourteenth-amendment public-employment state-action workplace-termination Was my 14th Amendment United States Constitutional Rights violated when I was fired by Indiana University?
20-792 Melinda Beazley Pearson v. City of Augusta, Georgia, et al. Eleventh Circuit 2020-12-11 Denied civil-rights due-process employment-discrimination investigation loudermill-hearing neutral-decisionmaker pretext pretext-analysis public-employment summary-judgment Was it error for the panel to affirm a grant of summary judgment, finding due process had been provided where a challenged demotion had been effected …
19-7586 Sean M. Donahue v. Pennsylvania Civil Service Commission Pennsylvania 2020-02-06 Denied Response WaivedIFP administrative-law case-or-controversy civil-procedure civil-rights civil-service due-process employment-law free-speech mootness public-employment ripeness standing statutory-interpretation veterans-rights voluntary-cessation IS THE UNDERLYING CASE MOOT?
19-342 Mark F. McCaffrey v. Michael L. Chapman, et al. Fourth Circuit 2019-09-16 Denied Amici (2)Response Waived civil-rights due-process first-amendment free-speech free-speech-balancing law-enforcement law-enforcement-discretion partisan-politics patronage-termination pickering-connick political-retaliation public-employee public-employee-speech public-employment In Elrod v. Burns, 427 U.S. 347 (1976) and Branti v. Finkel, 445 U.S. 507 (1980), the Court recognized a patronage exemption from First Amendment prot…
18-1042 Frank Gonzalez v. City of Hialeah, Florida Eleventh Circuit 2019-02-08 Denied city-charter city-employment civil-rights collective-bargaining constitutional-rights due-process employment for-cause-removal probationary-employee procedural-due-process procedural-rights property-interest public-employment reemployment-list stigma 1. whether there is a federal common law standard to determine the existence of a property interest in city employment, without applying state laws, r…
18-741 Emily M. Odermatt v. Amy Way, et al. Second Circuit 2018-12-11 Denied Response Waived civil-rights constitutional-rights first-amendment free-speech government-benefits pickering pickering-test public-employment public-service public-services Whether, consistent with the First Amendment and Pickering, the government's ability to remove a valuable financial benefit on the basis of the benefi…
18-6160 Kevin R. Carmody v. Board of Trustees of the University of Illinois, et al. Seventh Circuit 2018-10-01 Denied Response WaivedRelisted (3)IFP bias civil-procedure cross-examination due-process employment hearing-officer involuntary-termination post-termination-proceedings privileged-document procedural-fairness public-employee public-employment standing termination 1. Did the Court of Appeals for the Seventh Circuit err in finding Plaintiff bowed out of the post-termination proceedings? 2. Does an involuntarily …
18-282 Kelly H. Tucker v. Patrick Atwater, Jr., et al. Georgia 2018-09-05 Denied civil-rights constitutional-rights due-process first-amendment free-speech government-interests Pickering-balancing-test pickering-test public-employee-speech public-employment public-interest qualified-immunity section-1983 1) If Pickering and its progeny are applicable to cases involving off-duty public employees who are speaking to matters of public interest which are n…
18-12 Joseph A. Kennedy v. Bremerton School District Ninth Circuit 2018-07-02 Denied Amici (7)Relisted (12) coaches constitutional-rights employment-rights establishment-clause first-amendment free-speech public-employment public-forum public-school religious-expression school-speech teachers tinker-v-des-moines Whether public school teachers and coaches retain any First Amendment rights when at work and "in the general presence of" students.