Kourosh Kenneth Hamidi, et al. v. Service Employees International Union, Local 1000
SocialSecurity FirstAmendment DueProcess CriminalProcedure LaborRelations Privacy JusticiabilityDoctri ClassAction
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?
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