No. 21-1073

Kourosh Kenneth Hamidi, et al. v. Service Employees International Union, Local 1000

Lower Court: Ninth Circuit
Docketed: 2022-02-02
Status: Denied
Type: Paid
Response Waived
Tags: 42-usc-1983 civil-rights constitutional-rights employee-protections first-amendment fourteenth-amendment good-faith state-action union-rights waiver
Key Terms:
SocialSecurity FirstAmendment DueProcess CriminalProcedure LaborRelations Privacy JusticiabilityDoctri ClassAction
Latest Conference: 2022-02-25
Question Presented (from Petition)

1. May a labor union acting in concert with State officials, consistent with the First and Fourteenth Amendments, seize for union political speech payments from an employee absent clear and compelling evidence that he knowingly, intelligently, and voluntarily waived his First Amendment right under the standard set forth in Johnson v. Zerbst, 304 U.S. 458, 464 (1938)?

2. May a private party who violates constitutional rights be immunized from liability for damages under 42 U.S.C. § 1983 by a profession of "good faith" reliance under color of a law before that law or practice was held unconstitutional?

Question Presented (AI Summary)

Whether a labor union acting in concert with state officials may seize payments for union political speech from an employee absent clear and compelling evidence that the employee knowingly, intelligently, and voluntarily waived his First Amendment right

Docket Entries

2022-02-28
Petition DENIED.
2022-02-09
DISTRIBUTED for Conference of 2/25/2022.
2022-02-04
Waiver of right of respondent Betty T. Yee, Controller for the State of California to respond filed.
2022-02-03
Waiver of right of respondent Service Employees International Union, Local 1000 to respond filed.
2022-01-24
Petition for a writ of certiorari filed. (Response due March 4, 2022)

Attorneys

Betty T. Yee, Controller for the State of California
Samuel Passchier SiegelCalifornia Department of Justice, Respondent
Kourosh Hamidi, et al.
William James Youngc/o National Right to Work Legal Defense Fdtn., In, Petitioner
Service Employees International Union, Local 1000
Scott A. KronlandAltshuler Berzon, LLP, Respondent