HOUGH v. SEIU LOCAL 521 (2021)

United States Court of Appeals, Ninth Circuit.2021-04-27No. No. 19-15792

Summary · law.co

Holding. Affirmed. The district court properly granted summary judgment because a public sector union may invoke a good faith defense to retrospective monetary liability under federal civil rights law for agency fees collected prior to the Supreme Court's decision in Janus v. American Federation of State, County & Municipal Employees.

William Hough brought a First Amendment class action under federal civil rights law challenging compulsory agency fees paid to a public sector union. He alleged that the union violated his constitutional rights by collecting these fair share fees. The district court granted summary judgment in favor of the union, and Hough appealed.

The appellate court affirmed the lower court's decision. The court held that public sector unions can rely on a good faith defense to shield themselves from monetary damages claims arising from agency fees collected before the Supreme Court's Janus decision, which fundamentally changed the law governing such fees. Because the union had been collecting fees in accordance with then-valid law and Supreme Court precedent, it could not be held liable for those past collections.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether a public sector union can assert good faith as a defense to First Amendment damages claims for pre-Janus agency fees
Applicability of good faith defense under 42 U.S.C. § 1983 for reliance on then-binding precedent
First Amendment limits on compulsory agency fees

Procedural posture

Hough appealed from summary judgment entered in favor of SEIU Local 521 in a First Amendment class action challenging compulsory agency fees.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

MEMORANDUM **

William Hough appeals from the district courts summary judgment in his 42 U.S.C. § 1983 putative class action alleging a First Amendment claim arising out of compulsory agency fees (also known as fair share fees) paid to SEIU Local 521. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Danielson v. Inslee, 945 F.3d 1096, 1098 (9th Cir. 2019), cert. denied, No. 19-1130, ––– U.S. ––––, 141 S.Ct. 1265, 209 L.Ed.2d 7 (Jan. 25, 2021). We affirm.

The district court properly granted summary judgment because a public sector union can, as a matter of law, “invoke an affirmative defense of good faith to retrospective monetary liability under section 1983 for the agency fees it collected” prior to the Supreme Courts decision in Janus v. American Federation of State, County & Municipal Employees, Council 31, ––– U.S. ––––, 138 S. Ct. 2448, 201 L.Ed.2d 924 (2018). Danielson, 945 F.3d at 1097-99 (“[P]rivate parties may invoke an affirmative defense of good faith to retrospective monetary liability under 42 U.S.C. § 1983, where they acted in direct reliance on then-binding Supreme Court precedent and presumptively-valid state law.”).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.