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Arthur Diamond, et al. v. Pennsylvania State Education Association, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-2812, 19-3906 · judgment August 28, 2020

Certiorari denied · June 14, 2021

Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Is there a 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?
Are employees who had compulsory union fees seized from them in violation of their First Amendment rights prior to Janus v. AFSCME, Council 31, 138 S. Ct. 2448 (2018), entitled to damages or restitution for their injuries?

For petitioner
Brian Kirk Kelsey
Liberty Justice Center

For respondent
John Bartley DeLone
Attorney General's Office

Conference history
Distributed for 1 conference

Jun 14 2021
Petition DENIED.
May 25 2021
DISTRIBUTED for Conference of 6/10/2021.
May 24 2021
Reply of petitioners Arthur Diamond, et al. filed. (Distributed)
May 10 2021
Brief of respondents Pennsylvania State Education Association, et al. in opposition filed.
May 10 2021
Brief of respondents Pennsylvania Attorney General Josh Shapiro, et al. in opposition filed.
Apr 20 2021
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2021, for all respondents.
Apr 19 2021
Motion to extend the time to file a response from May 3, 2021 to May 10, 2021, submitted to The Clerk.
Mar 29 2021
Petition for a writ of certiorari filed. (Response due May 3, 2021)