Scott Solomon v. American Federation of State, County, and Municipal Employees, District Council 37, AFL-CIO

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. Petitioner is a former employee of the State of New York who was compelled to pay agency fees to AFSCME Council 37, under color of New York state law, in violation of his First Amendment rights under Janus v. AFSCME, 138 S. Ct. 2448 (2018). The question presented is whether there is a categorical 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?