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DURYEA v. GUARNIERI

Docket No.: 09-1476
Certiorari Granted: 10/12/10
Argued: March 22, 2011
Decided: 06/20/11

Topics:

Bill of Rights, Due Process, First Amendment, Free Exercise, National Labor Relations Act, Sherman Act, Thirteenth Amendment, Title VII, antitrust, habeas, habeas corpus, judicial review, privacy, retaliation, sovereign immunity

PartyNames: Borough of Duryea, Pennsylvania, et al. v. Charles J. Guarnieri
Petitioner: Borough of Duryea, Pennsylvania, et al.
Respondent: Charles J. Guarnieri

Court Below: United States Court of Appeals for the Third Circuit
Citation: 364 FED.APPX. 749

Borough of Duryea, Pennsylvania, et al.
v.
Charles J. Guarnieri
Question Presented:

Whether the Third Circuit erred in holding that state and local government employees may sue their employers for retaliation under the First Amendment's 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.

Question:

May state and local government employees sue their employers for retaliation under the First Amendment's Petition Clause when they petition the government on matters of private concern?

DURYEA v. GUARNIERI
ORAL ARGUMENT

03/22/11

Listen to Oral Argument in DURYEA v. GUARNIERI
Holding: vacated and remanded
Vote: 8-1
Opinion By:
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