Gary Mattos, et al. v. AFSCME Council 3

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 employees of the State of Maryland who were compelled to pay agency fees to AFSCME Council 3, under color of Maryland state law, in violation of their First Amendment rights according to Janus v. AFSCME, 138 S. Ct. 2448 (2018). The question presented is: does defendant’s goodfaith reliance on a state law before it was held unconstitutional shield it from damages liability for taking agency fees from Petitioners in violation of their constitutional rights under 42 U.S.C. § 1983?