No. 20-1294

Simon Campbell, et al. v. Pennsylvania School Boards Association, et al.

Lower Court: Third Circuit
Docketed: 2021-03-17
Status: Denied
Type: Paid
Amici (1)Relisted (2) Experienced Counsel
Tags: 42-u-s-c-1983 civil-rights first-amendment free-speech petitioning petitioning-immunity retaliation retaliation-claim sham-litigation state-action state-actors
Latest Conference: 2021-06-24 (distributed 2 times)
Question Presented (from Petition)

1. Are state actors, acting under color of state law, entitled to claim petitioning immunity from liability for a First Amendment retaliation claim brought under 42 U.S.C. § 1983?

2. If such immunity exists, is a showing that a state actor's civil lawsuit was (a) objectively baseless, and (b) filed for the purpose and with the intent of chilling First Amendment-protected speech and petitioning activities sufficient to overcome any petitioning immunity claimed by the state actor?

Question Presented (AI Summary)

Are state actors entitled to petitioning immunity for a First Amendment retaliation claim under 42 U.S.C. § 1983?

Docket Entries

2021-06-28
Petition DENIED.
2021-06-21
DISTRIBUTED for Conference of 6/24/2021.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-05-28
Reply of petitioners Simon Campbell, et al. filed. (Distributed)
2021-05-17
Brief of respondents Pennsylvania School Boards Association, et al. in opposition filed.
2021-04-15
Brief amicus curiae of Institute for Free Speech filed.
2021-03-24
Motion to extend the time to file a response is granted and the time is extended to and including May 17, 2021.
2021-03-23
Motion to extend the time to file a response from April 16, 2021 to May 17, 2021, submitted to The Clerk.
2021-03-15
Petition for a writ of certiorari filed. (Response due April 16, 2021)

Attorneys

Institute for Free Speech
Robert Lawrence Corn-RevereDavis Wright Tremaine LLP, Amicus
Simon Campbell, et al.
Erwin Chemerinsky — Petitioner
Jacob Charles CohnGordon & Rees Scully Mansukhani, LLP, Petitioner