Sarah R. Lee v. Ohio Education Association, et al.

Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), held that the Constitution forbids public-sector unions to take “fair-share fees” from non-union members, and its holding is retroactive. Petitioner Sarah R. Lee is seeking a refund of the “fair-share fees” that the Ohio Education Association diverted from her wages before Janus. The Sixth Circuit rejected her claim after holding that 42 U.S.C. § 1983 establishes a “good-faith defense” for private defendants that resembles the qualified immunity available to government officers. Pet. App. 6a–12a. Ms. Lee’s petition presents two questions: 1. In Wyatt v. Cole, 504 U.S. 158 (1992), this Court held that qualified immunity is categorically unavailable to private entities who violate 42 U.S.C. § 1983. See id. at 167 (“[Q]ualified immunity for public officials [is] not applicable to private parties.”). In response to Wyatt, several courts of appeals have allowed private entities to assert a “good-faith defense” in lieu of qualified immunity when they are sued under 42 U.S.C. § 1983, which allows private defendants to escape liability if they violate another’s constitutional rights before the courts have clearly established the illegality of their conduct. Other decisions from courts of appeals, however, reject the idea of a “good-faith defense” and hold private parties liable whenever they violate 42 U.S.C. § 1983 — regardless of whether the violation occurred in good faith. The question presented is: Does 42 U.S.C. § 1983 provide a “good-faith defense” to private entities who violate another’s constitutional rights before the courts have (i)