No. 21-716

David Sivella v. Township of Lyndhurst, New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2021-11-15
Status: Denied
Type: Paid
Tags: criminal-investigation employer-liability first-amendment free-speech protected-speech public-employment retaliation whistleblower
Latest Conference: 2022-02-18
Question Presented (from Petition)

Does the First Amendment bar a public employer from initiating a baseless criminal investigation in retaliation for a public employee engaging in protected speech?

Question Presented (AI Summary)

Does the First Amendment bar a public employer from initiating a baseless criminal investigation in retaliation for a public employee engaging in protected speech?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-26
DISTRIBUTED for Conference of 2/18/2022.
2022-01-12
Brief of respondent Robert Giangeruso in opposition filed.
2021-12-13
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2022.
2021-12-10
Motion to extend the time to file a response from December 15, 2021 to January 14, 2022, submitted to The Clerk.
2021-10-29
Petition for a writ of certiorari filed. (Response due December 15, 2021)

Attorneys

David Sivella
Joel Sidney SilbermanJoel S. Silberman. Esq., LLC, Petitioner
Robert Giangeruso
Mary Cullen McDonnellPfund McDonnell, PC, Respondent