No. 23-372

Torey Jarrett v. Service Employees International Union Local 503, et al.

Lower Court: Ninth Circuit
Docketed: 2023-10-06
Status: Denied
Type: Paid
Amici (2)Response WaivedRelisted (2)
Tags: 42-U.S.C.-§-1983 civil-rights consent due-process public-employees public-sector-unions state-action state-actor union-dues wage-deduction wage-deductions
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

1. Is a state-designated exclusive representative a state actor under 42 U.S.C. § 1983 when it directs a public employer to deduct dues from non-union employees who have not affirmatively consented?

2. Are public employees' due process rights violated when the public employer diverts employees' wages to a union with no pre-deprivation procedural safeguards?

Question Presented (AI Summary)

Whether a state-designated exclusive representative is a state actor under 42 U.S.C. § 1983 when it directs a public employer to deduct dues from non-union employees who have not affirmatively consented

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-11-06
2023-11-02
2023-11-02
Waiver of right of respondent County of Orange to respond filed.
2023-10-24
Waiver of right of respondents Washington, et al. to respond filed.
2023-10-24
Waiver of right of respondent Marion County to respond filed.
2023-10-16
Waiver of right of respondents California Attorney General Rob Bonta and State Controller Malia M. Cohen to respond filed.
2023-10-16
Waiver of right of respondents Oregon Department of Administrative Services and Berri Leslie to respond filed.
2023-10-13
Waiver of right of respondent Michael V. Drake, M.D., in his official capacity as President of the University of California to respond filed.
2023-10-10
Waiver of right of respondents Service Employees International Union Local 503, et al. to respond filed.
2023-10-04
Petition for a writ of certiorari filed. (Response due November 6, 2023)

Attorneys

California Attorney General Rob Bonta and State Controller Malia M. Cohen
Joshua A. KleinCalifornia Department of Justice, Respondent
County of Orange
Michael L. WroniakCollins & Collins, LLP, Respondent
Goldwater Institute
Timothy Mason SandefurGoldwater Institute, Amicus
Marion County
Cody W. WaltermanMarion County Legal Counsel, Respondent
Michael V. Drake, M.D., in his official capacity as President of the University of California
Gilbert J. TsaiHanson Bridgett, LLP, Respondent
Oregon Department of Administrative Services and Berri Leslie
Benjamin Noah GutmanOregon Department of Justice, Respondent
Service Employees International Union Local 503; Washington Federation of State Employees, AFSCME Council 28; United Domestic Workers of America, AFSCME Local 3930; and AFSCME Local 3299
Scott A. KronlandAltshuler Berzon, LLP, Respondent
State of Washington;Jay Inslee, Governor of Washington; Sue Birch, Director of the Washington Healthcare Authority
Peter Benjamin GonickAttorney General of Washington, Respondent
The Liberty Justice Center, the Illinois Policy Institute, and the Upper Midwest Law Center
Jeffrey Michael SchwabLiberty Justice Center, Amicus
Torey Jarrett
James Gideon AbernathyFreedom Foundation, Petitioner