Blake Leitch, et al. v. American Federation of State, County and Municipal Employees, Council 31, 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. Petitioners are current and former employees of the State of Illinois who were compelled to pay agency fees to AFSCME Council 31, under color of Illinois state law, in violation of their First Amendment rights under Janus v. AFSCME, 138 S. Ct. 2448 (2018). The question presented is whether there is 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?