Heffernan v. City of Paterson, 578 U.S. ___ (2016)
The Paterson, New Jersey, chief of police and Officer Heffernan’s supervisor were appointed by Paterson’s incumbent mayor, who was running for re-election against Heffernan's friend, Spagnola. Heffernan was not involved in Spagnola’s campaign. As a favor to his bed-ridden mother, Heffernan delivered her Spagnola campaign yard sign. Other officers reported seeing Heffernan at a Spagnola distribution point while holding that sign. The next day, Heffernan’s supervisors demoted him from detective to patrol officer as punishment for “overt involvement” in Spagnola’s campaign. Heffernan filed suit under 42 U.S.C. 1983. Affirming the district court, the Third Circuit concluded that Heffernan’s claim was actionable under Section 1983 only if his employer’s action was prompted by Heffernan’s actual, rather than his perceived, exercise of free-speech rights. The Supreme Court reversed. When an employer demotes an employee out of a desire to prevent the employee from engaging in protected political activity, the employee is entitled to challenge that unlawful action under the First Amendment and Section 1983 even if the employer’s actions are based on a factual mistake. An employer’s motive, and the facts as the employer reasonably understood them, matter in determining violation of the First Amendment. The harm— discouraging employees from engaging in protected speech or association—is the same, regardless of factual mistake. The lower courts should decide whether the employer may have acted under a neutral policy prohibiting police officers from overt involvement in any political campaign and whether such a policy would comply with constitutional standards.
A violation of the First Amendment and 42 U.S.C. 1983 may arise when an employer demotes an employee to prevent the employee from engaging in protected political activity, even if the demotion was based on a factual mistake by the employer.
SUPREME COURT OF THE UNITED STATES
Syllabus
HEFFERNAN v. CITY OF PATERSON, NEW JERSEY, et al.
certiorari to the united states court of appeals for the third circuit
No. 14–1280. Argued January 19, 2016—Decided April 26, 2016
Petitioner Heffernan was a police officer working in the office of Paterson, New Jersey’s chief of police. Both the chief of police and Heffernan’s supervisor had been appointed by Paterson’s incumbent mayor, who was running for re-election against Lawrence Spagnola, a good friend of Heffernan’s. Heffernan was not involved in Spagnola’s campaign in any capacity. As a favor to his bedridden mother, Heffernan agreed to pick up and deliver to her a Spagnola campaign yard sign. Other police officers observed Heffernan speaking to staff at a Spagnola distribution point while holding the yard sign. Word quickly spread throughout the force. The next day, Heffernan’s supervisors demoted him from detective to patrol officer as punishment for his “overt involvement” in Spagnola’s campaign. Heffernan filed suit, claiming that the police chief and the other respondents had demoted him because, in their mistaken view, he had engaged in conduct that constituted protected speech. They had thereby “depriv[ed]” him of a “right . . . secured by the Constitution.” 42 U. S. C. §1983. The District Court, however, found that Heffernan had not been deprived of any constitutionally protected right because he had not engaged in any First Amendment conduct. Affirming, the Third Circuit concluded that Heffernan’s claim was actionable under §1983 only if his employer’s action was prompted by Heffernan’s actual, rather than his perceived, exercise of his free-speech rights.
Held:
1. When an employer demotes an employee out of a desire to prevent the employee from engaging in protected political activity, the employee is entitled to challenge that unlawful action under the First Amendment and §1983 even if, as here, the employer’s actions are based on a factual mistake about the employee’s behavior. To answer the question whether an official’s factual mistake makes a critical legal difference, the Court assumes that the activities that Heffernan’s supervisors mistakenly thought he had engaged in are of a kind that they cannot constitutionally prohibit or punish. Section 1983 does not say whether the “right” protected primarily focuses on the employee’s actual activity or on the supervisor’s motive. Neither does precedent directly answer the question. In Connick v. Myers, 461 U. S. 138 , Garcetti v. Ceballos, 547 U. S. 410 , and Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty., 391 U. S. 563 , there were no factual mistakes: The only question was whether the undisputed reason for the adverse action was in fact protected by the First Amendment. However, in Waters v. Churchill, 511 U. S. 661 , a government employer’s adverse action was based on a mistaken belief that an employee had not engaged in protected speech. There, this Court determined that the employer’s motive, and particularly the facts as the employer reasonably understood them, mattered in determining that the employer had not violated the First Amendment. The government’s motive likewise matters here, where respondents demoted Heffernan on the mistaken belief that he had engaged in protected speech. A rule of law finding liability in these circumstances tracks the First Amendment’s language, which focuses upon the Government’s activity. Moreover, the constitutional harm—discouraging employees from engaging in protected speech or association—is the same whether or not the employer’s action rests upon a factual mistake. Finally, a rule of law imposing liability despite the employer’s factual mistake is not likely to impose significant extra costs upon the employer, for the employee bears the burden of proving an improper employer motive. Pp. 3–8.
2. For the purposes of this opinion, the Court has assumed that Heffernan’s employer demoted him out of an improper motive. However, the lower courts should decide in the first instance whether respondents may have acted under a neutral policy prohibiting police officers from overt involvement in any political campaign and whether such a policy, if it exists, complies with constitutional standards. P. 8.
777 F. 3d 147, reversed and remanded.
Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.