28 day free trial

 

 

  

LawMemo - First in Employment Law

Home MyLawMemo About Us   Arbitration Articles

United States Supreme Court Employment Law Cases 

 

          All pending employment law cases - click here

Borough of Duryea v. Guarnieri (09-1476) 
First amendment retaliation liability under the Petition Clause is limited to matters of public concern
Decided June 20, 2011 
[Opinion full text
 

28 day free trial



The Borough dismissed Guarnieri from his job as police chief; Guarnieri filed a union grievance which led to an arbitration; Guarnieri prevailed and was reinstated to his position. Upon his return to work, the Borough issued eleven directives as to what Guarnieri must do or could not do on the job. Later, the Borough withheld $338 in overtime. Guarnieri sued and won a jury verdict on his claim that the directives and the withholding of overtime were in retaliation for filing and winning his grievance, in violation of the 1st amendment's "right ... to petition the government for a redress of grievances." The 3rd Circuit affirmed. 

The US Supreme Court vacated and remanded, holding that a  government employer's allegedly retaliatory actions against an employee do not give rise to liability under the Petition Clause unless the employee's petition relates to a matter of public concern. Suits under the Petition Clause are subject to the same "public concern" test as suits brought under the Speech Clause. 

Case below: Guarnieri v. Duryea Borough (3rd Cir 02/04/2010) 
Official docket sheet 
Certiorari granted October 12, 2010.
Oral argument:  March 22, 2011. [Transcript] [Audio

Question presented:   

Whether the Third Circuit erred in holding that state and local government employees may sue their employers for retaliation under the First Amendmentís Petition Clause when they petitioned the government on matters of purely private concern, contrary to decisions by all ten other federal circuits and four state supreme courts that have ruled on the issue.

Briefs on the merits: 

Certiorari Documents: 

Counsel:

Home | MyLawMemo | Custom Alerts | Newest Cases | Key Word Search  
Employment Law Memo | NLRB Info | Arbitration | Articles | Law Firms | Site Map 

 

Get your 28 day trial now 

 
Google
 
Web www.LawMemo.com 
This form will search the LawMemo web site. 
It does not include Key Word Search.