In 2006, Jeffrey Heffernan—a detective in the Paterson (NJ) police department—was seen holding a mayoral campaign lawn sign while off duty and was immediately demoted on the government’s mistaken belief that Heffernan was supporting the challenger against the incumbent mayor. Heffernan filed suit against the city of Paterson for violating his First Amendment rights. Ten years, one trial, three district judges, three summary judgment motions, two dismissals, and two appeals later, Heffernan and his lawyers found themselves in the U.S. Supreme Court, in Heffernan v. City of Paterson, 14-1280. On April 26, we won.
The issue before the court was unique: it is well-established that nonpolitical public employees cannot be retaliated against for supporting a political candidate. But what if a public employee is demoted because his supervisor mistakenly believes he supports a candidate? A circuit split emerged, with three circuits finding that the employee’s claim was actionable, while the U.S. Court of Appeals for the Third Circuit did not. After the Third Circuit rejected our claims, we were joined by Stuart Banner, who ran the UCLA Law School Supreme Court Clinic. We then filed a petition for certiorari to the U.S. Supreme Court.
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