| 25-927 |
Richard Lowery v. Lillian Mills, Dean of the McCombs School of Business at the University of Texas at Austin, et al. |
Fifth Circuit |
2026-02-05 |
Pending |
|
civil-rights employer-threats first-amendment public-employee reasonable-employee retaliation |
University of Texas officials threatened Professor Richard Lowery with reduced pay, loss of a research post, and other consequences, if he did not sto… |
| 25-819 |
Jeanne Hedgepeth v. James A. Britton, et al. |
Seventh Circuit |
2026-01-12 |
Pending |
Amici (3)Response RequestedResponse Waived |
first-amendment free-speech pickering-balancing-test political-speech public-employee viewpoint-discrimination |
Whether and in what circumstances public employers may discipline employees based on their expression of controversial views while off the job. |
| 25A562 |
Jeanne Hedgepeth v. James A. Britton, et al. |
Seventh Circuit |
2025-11-14 |
Application |
|
first-amendment free-speech pickering-test political-speech public-employee viewpoint-discrimination |
Question not identified. |
| 25A362 |
Kate Adams v. Sacramento County, California, et al. |
Ninth Circuit |
2025-09-29 |
Presumed Complete |
|
employment-retaliation first-amendment matter-of-public-concern ninth-circuit public-employee racist-speech |
Question not identified. |
| 24-1274 |
R. Michael Cestaro v. Clarissa M. Rodriguez, Individually and in Her Official Capacity as Chair of the New York State Workers' Compensation Board, et al. |
Second Circuit |
2025-06-13 |
Denied |
Response Waived |
first-amendment mt-healthy public-employee retaliation section-1983 subjective-intent |
1. In a claim under 42 U.S.C. § 1983 in which a public employee alleges First Amendment retaliation, does the government successfully Court in Mt. Hea… |
| 24A568 |
Thomas Ostly v. City and County of San Francisco, et al. |
Ninth Circuit |
2024-12-11 |
Presumed Complete |
|
due-process employment-discrimination first-amendment public-employee retaliation summary-judgment |
Question not identified. |
| 24A417 |
James A. Daly v. City of DeSoto, Missouri, et al. |
Eighth Circuit |
2024-10-30 |
Presumed Complete |
|
employment-termination first-amendment free-speech-rights public-employee speech-retaliation temporal-proximity |
Whether a public official has the right to terminate a public employee's employment over a year after the alleged speech took place. |
| 24-122 |
Michael Craine v. American Federation of State, County, and Municipal Employees Council 36, Local 119, et al. |
Ninth Circuit |
2024-08-02 |
Denied |
Response Waived |
constitutional-rights first-amendment free-association free-speech municipal-liability public-employee state-action union-dues union-membership |
1. Whether the First Amendment's guarantee of free association protects a public employee's right to resign membership in a union.
2. Whether the Fir… |
| 24-5121 |
Rebecca Wu v. Twin Rivers Unified School District |
California |
2024-07-22 |
Denied |
Response WaivedIFP |
14th-amendment classification due-process equal-protection misclassification motion-for-new-trial new-evidence probationary-status public-employee |
Questions 1 - Can a Motion for New Trial or for Damages, or change of
Judgement after Remititur case be denied review by Superior Court for
a case rul… |
| 23-1215 |
Christopher Deering v. International Brotherhood of Electrical Workers Local 18, et al. |
Ninth Circuit |
2024-05-14 |
Denied |
Response Waived |
color-of-law compelled-speech dues dues-payments first-amendment free-speech political-speech public-employee union union-membership |
1. As a matter of first impression, whether the First Amendment protects a public employee's right to disassociate from a union —by resigning union me… |
| 23-1214 |
Tanishia Hubbard v. Service Employees International Union Local 2015, et al. |
Ninth Circuit |
2024-05-14 |
Denied |
Amici (1)Response Waived |
civil-rights compelled-speech due-process first-amendment free-speech government-deduction janus-v-afscme labor-union labor-unions public-employee state-action union-dues |
Petitioners, individual providers Tanishia Hubbard and Kristy Jimenez, never agreed to join a union or pay dues. Despite this, their public employers … |
| 23-1113 |
Atishma Kant, et al. v. Service Employees International Union, Local 721, et al. |
Ninth Circuit |
2024-04-12 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
affirmative-consent collective-bargaining compelled-speech first-amendment labor-union labor-unions public-employee public-sector waiver-of-rights |
Public sector labor unions cannot use state law to take money from a nonmember public employee's lawfully earned wages for use in political speech unl… |
| 23-6243 |
Offie Curtis Brown, Jr. v. North Carolina Department of Public Safety, et al. |
Fourth Circuit |
2023-12-13 |
Denied |
Response WaivedIFP |
appellate-review civil-rights constitutional-provisions first-amendment free-speech jurisdictional-issue legal-standard procedural-question public-concern public-employee retaliation statutory-provisions |
Question not identified. |
| 23-441 |
Patrick Fehlman v. James Mankowski |
Seventh Circuit |
2023-10-26 |
Denied |
|
civil-rights constitutional-rights due-process employment-law first-amendment free-speech government-retaliation public-employee public-employment retaliation |
Is the government free to continue to retaliate against a former public employee for speech made during the employee's employment? |
| 23-388 |
Richard W. Como v. Pennsylvania Public School Employees' Retirement Board |
Pennsylvania |
2023-10-12 |
Denied |
Response Waived |
civil-rights criminal-conviction due-process excessive-fines excessive-punishment fourteenth-amendment pension pension-forfeiture public-employee retirement-law |
1) Did the Commonwealth Court of Pennsylvania err and did the Pennsylvania Supreme Court err
in not granting Allocatur when the Public-School Employee… |
| 23-5367 |
Rebecca Wu v. Twin Rivers Unified School District |
California |
2023-08-16 |
Denied |
Relisted (2)IFP |
14th-amendment california-law civil-rights collective-bargaining due-process employment-status misclassification public-employee tenure tenure-classification |
Does the United States Constitution allow for an Indefinite probationary classification in California law of a public employee or Teacher because they… |
| 22-1174 |
Michael Erwine v. Churchill County, Nevada, et al. |
Ninth Circuit |
2023-06-05 |
Denied |
Response Waived |
due-process employment employment-discrimination ninth-circuit procedural-due-process public-employee public-employee-rights stare-decisis stigma-plus |
To state a viable "stigma-plus" claim, must a plaintiff prove as a matter of fact "effective exclusion" from a chosen profession? |
| 22-130 |
Lonnie Tofsrud v. City of Spokane, Washington, et al. |
Ninth Circuit |
2022-08-10 |
Denied |
Response Waived |
chain-of-command civil-rights due-process first-amendment free-speech officer-misconduct pickering-garcetti-framework public-employee public-employee-speech supervisor-retaliation whistleblower whistleblower-protection |
Following a supervisor's refusal to act on a credible report of officer misconduct, does a city police detective's complaint to a county attorney, giv… |
| 21-1007 |
Robert A. Hawkland v. Burke Hall, et al. |
Fifth Circuit |
2022-01-18 |
Denied |
Response Waived |
first-amendment free-speech governmental-agency internal-investigation official-duties public-employee retaliation speech-protection |
Without hearing any evidence and contrary to the fact-based allegations of petitioner's complaint that his speech was not made within the ordinary sco… |
| 20-1751 |
Susan Fischer, et al. v. Phil Murphy, Governor of New Jersey, et al. |
Third Circuit |
2021-06-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
civil-rights constitutional-rights employee-rights first-amendment government-action public-employee standing union-dues union-speech waiver waiver-doctrine |
In 2018, the Court in Janus v. AFSCME, Council 31 held that public employees have a First Amendment right not to subsidize union speech. 138 S. Ct. 24… |
| 20-1632 |
Patrick H. Stockdale, et al. v. Kim R. Helper |
Sixth Circuit |
2021-05-24 |
Denied |
|
absolute-immunity clearly-established constitutional-rights first-amendment petition-clause public-employee qualified-immunity retaliation |
1. Whether the decisional law regarding retaliation under the Petition Clause of the First Amendment was clearly established to place a public officia… |
| 20-1623 |
David Paul Bohler v. City of Fairview, Tennessee |
Sixth Circuit |
2021-05-21 |
Denied |
Response Waived |
civil-rights constitutional-rights due-process first-amendment free-speech garcetti-rule public-employee retaliation whistleblower whistleblower-protection |
Whether a rational juror could find that the
Petitioner, a police officer, had a First Amendment
right to speak to a local prosecutor about corruption… |
| 20-1574 |
Joseph Ocol v. Chicago Teachers Union, et al. |
Seventh Circuit |
2021-05-13 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
compelled-speech constitutional-rights exclusive-bargaining exclusive-bargaining-representative first-amendment freedom-of-association janus-precedent janus-v-afscme public-employee public-sector-unions union-representation |
1. In Minnesota State Board for Community Colleges v. Knight, 465 U.S. 271 (1984), this Court held that the First Amendment allows States to compel pu… |
| 20-1078 |
Danyelle Bennett v. Metropolitan Government of Nashville and Davidson County, Tennessee |
Sixth Circuit |
2021-02-08 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
constitutional-protection first-amendment free-speech hecklers-veto pickering-balancing-test political-speech public-employee rankin-v-mcpherson |
1. Whether, contrary to Rankin v. McPherson, 483 U.S. 378 (1987), a public employee's political debate on an issue of national importance may be silen… |
| 20-358 |
Randy Henry v. J. Bret Johnson, et al. |
Eighth Circuit |
2020-09-17 |
Denied |
Response Waived |
circuit-split civil-rights due-process first-amendment free-speech government-employer government-employment public-concern public-employee retaliation |
When a government employee speaks on a matter of public concern, may the government punish that employee
(1) if the employee's interest in freedom of… |
| 20-351 |
Norris Paul Carey, Jr. v. Joanne Throwe, et al. |
Fourth Circuit |
2020-09-16 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
concealed-carry concealed-weapon first-amendment law-enforcement-officer-safety-act law-enforcement-safety-act public-employee public-employee-speech qualified-retired-law-enforcement-officer section-1983 social-media-posts |
In a reported opinion, the Fourth Circuit affirmed the district court's dismissal of claims brought by Norris Paul Carey, Jr., a retired twenty-six-ye… |
| 19-1217 |
Scottie A. Bagi, et al. v. City of Parma, Ohio |
Sixth Circuit |
2020-04-15 |
Denied |
|
42-usc-1988 attorney-fees christiansburg-garment civil-rights discretionary-standard due-process first-amendment free-speech public-employee retaliation retaliation-claim summary-judgment |
Whether the District Court abused its discretion in its application of the standards set forth in Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (19… |
| 19-893 |
Shimon Waronker v. Hempstead Union Free School District, et al. |
Second Circuit |
2020-01-17 |
Denied |
|
civil-rights corruption due-process employment-retaliation first-amendment free-speech government-corruption public-employee public-official speech-protection whistleblower |
1. Whether the First Amendment protects the speech by a public official that is required by law and that reports and exposes corruption.
2. Whether s… |
| 19-771 |
Gerald Sensabaugh v. Kimberly Halliburton, et al. |
Sixth Circuit |
2019-12-16 |
Denied |
Response Waived |
civil-procedure civil-rights common-law due-process first-amendment free-speech personnel-file protected-speech public-employee qualified-immunity retaliation standing takings |
1. Whether the Court should reconsider its qualified immunity jurisprudence to accord with the official's burden of establishing immunity entitlement … |
| 19-726 |
Mallory Jones, et al. v. Ramone Lamkin, Individually and in His Official Capacity as Marshal of the Civil and Magistrate Court of Richmond County, Georgia, et al. |
Eleventh Circuit |
2019-12-09 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
branti-finkel branti-v-finkel civil-rights confidential-employee due-process elrod-burns elrod-v-burns employment employment-law first-amendment free-speech government-policy policy-maker policymaker public-employee public-employees public-sector |
In determining whether or not the exception to First Amendment protections for public employees as set forth by this Court in Elrod v. Burns, 427 U.S.… |
| 19-653 |
Theresa Ortloff v. Dave Trimmer, et al. |
Ninth Circuit |
2019-11-20 |
Denied |
Response Waived |
connick-v-myers due-process first-amendment first-amendment-speech-public-interest-connick-v-m free-speech procedural-due-process public-employee public-employee-speech public-interest speech whistleblower-protection |
1. Must the entire record, including motives, main thrust of the speech, and all instances of speech be reviewed under Connick v. Myers, 461 U.S. 138 … |
| 19-379 |
Alfred Lam, et al. v. City and County of San Francisco, California, et al. |
Ninth Circuit |
2019-09-20 |
Denied |
Response Waived |
civil-procedure civil-rights due-process exceptional-importance federal-rules-of-civil-procedure fraud-on-the-court fraud-upon-court judicial-misconduct ninth-circuit perjury public-employee rule-60 standing |
1. Whether the Ninth Circuit's decision imposes an erroneous and unjustifiable standard for "Fraud Upon The Court"?
2. Whether granting the writ gene… |
| 19-342 |
Mark F. McCaffrey v. Michael L. Chapman, et al. |
Fourth Circuit |
2019-09-16 |
Denied |
Amici (2)Response Waived |
civil-rights due-process first-amendment free-speech free-speech-balancing law-enforcement law-enforcement-discretion partisan-politics patronage-termination pickering-connick political-retaliation public-employee public-employee-speech public-employment |
In Elrod v. Burns, 427 U.S. 347 (1976) and Branti v. Finkel, 445 U.S. 507 (1980), the Court recognized a patronage exemption from First Amendment prot… |
| 19-285 |
Jerud Butler v. Board of County Commissioners for San Miguel County, et al. |
Tenth Circuit |
2019-09-03 |
Denied |
Amici (5) |
such that it is entitled to protection under the civil-rights due-process first-amendment free-speech government-speech judicial-proceeding judicial-system judicial-testimony public-concern public-employee speech-protection |
Whether a government employee's truthful testimony at a judicial hearing qualifies as speech on a matter of public concern, such that it is entitled t… |
| 19-51 |
Ben Branch, et al. v. Massachusetts Department of Labor Relations, et al. |
Massachusetts |
2019-07-08 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
bargaining-representative civil-rights compelled-speech constitutional-rights due-process exclusive-representation first-amendment free-speech political-activity political-autonomy public-employee state-action union-representation |
When a public employee union uses its government-granted authority as employees' exclusive bargaining representative to compel employees to choose bet… |
| 18-955 |
Alberto Fernandez v. School Board of Miami-Dade County, Florida |
Eleventh Circuit |
2019-01-23 |
Denied |
Response Waived |
civil-rights constitutional-rights due-process first-amendment free-speech garcetti-standard garcetti-v-ceballos public-employee restatement-of-agency scope-of-employment |
1. For purposes of First Amendment freedom of speech for public employees, whether scope of employment is a threshold question to be resolved before c… |
| 18-830 |
Township of Millburn, New Jersey, et al. v. Michael J. Palardy, Jr. |
Third Circuit |
2019-01-03 |
Denied |
Amici (1)Relisted (4) |
circuit-conflict circuit-split civil-rights connick-v-myers constitutional-rights first-amendment public-employee retaliation retaliation-claim union-association |
In Connick v. Myers, 461 U.S. 138 (1983), this Court set out a two-step framework for addressing First Amendment retaliation claims by public employee… |
| 18-6160 |
Kevin R. Carmody v. Board of Trustees of the University of Illinois, et al. |
Seventh Circuit |
2018-10-01 |
Denied |
Response WaivedRelisted (3)IFP |
bias civil-procedure cross-examination due-process employment hearing-officer involuntary-termination post-termination-proceedings privileged-document procedural-fairness public-employee public-employment standing termination |
1. Did the Court of Appeals for the Seventh Circuit err in finding Plaintiff bowed out of the post-termination proceedings?
2. Does an involuntarily … |