Mercer v. Dora B. Schriro, Comm'r of the Dep't of Emergency Servs. & Pub. Prot., the Conn. State Police Union, Inc.
337 F. Supp. 3d 109
D. Conn.2018Background
- Mercer, a Connecticut State Police sergeant, resigned from the Connecticut State Police Union (CSPU), publicly advocated for nonmembers, and joined a lawsuit against the Union. He was later appointed SWAT Operations Sergeant and then transferred to an administrative Counter Terrorism post after meetings between Union President Matthews and Commissioner Schriro.
- Mercer sued under 42 U.S.C. § 1983 (First and Fourteenth Amendment retaliation/association claims) and Conn. Gen. Stat. § 31-51q (state retaliatory discipline/discharge statute), naming Commissioner Schriro (official and individual capacities), CSPU, and Matthews.
- Commissioner moved to dismiss asserting Eleventh Amendment immunity (official capacity), qualified immunity (individual capacity), and failure to state a § 31-51q claim. Union defendants moved to dismiss arguing they were not state actors for § 1983 and not employers under § 31-51q.
- Court treated qualified immunity as a Rule 12(b)(6) issue (not jurisdictional), accepted well-pled facts as true, and analyzed First Amendment public-concern, causation, Pickering balancing, and Eleventh Amendment principles at the pleading stage.
- Ruling: § 1983 First/14th Amendment claim survives against Commissioner in her individual capacity (qualified immunity not resolved at pleading stage) and may proceed for injunctive relief against her official capacity; § 1983 claim also survives against the Union defendants as plausibly acting in joint concert with the State. Count Two (§ 31-51q) is dismissed against all defendants because none are Mercer’s statutory "employer."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mercer's transfer states a § 1983 First Amendment retaliation claim | Mercer: his non‑membership, advocacy for nonmembers, and lawsuit are protected speech/association and proximate to his transfer | Defendants: actions concern intra‑union matters, lack public‑concern, or causation is absent given timeline and operational concerns | Held: Speech and association allegations plausibly concern public matters; causation plausible given meetings and timeline; § 1983 claim survives at pleading stage |
| Whether Commissioner entitled to qualified immunity (individual capacity) | Mercer: alleged facts show constitutional rights clearly implicated; immunity inappropriate on pleadings | Schriro: actions objectively reasonable, no clearly established right violated | Held: Qualified immunity denied at pleading stage; factual record may later support it but dismissal is improper now |
| Whether Eleventh Amendment bars § 1983 official‑capacity damages claim against Commissioner | Mercer: seeks damages and injunctive relief | Schriro: official‑capacity damages barred by Eleventh Amendment and Will | Held: Official‑capacity claim for damages dismissed (Eleventh Amendment/Will); prospective injunctive/declaratory relief may proceed against Commissioner in official capacity |
| Applicability of Conn. Gen. Stat. § 31‑51q against defendants | Mercer: transfer was disciplinary (loss of duties/overtime/pension effects) constituting § 31‑51q discipline | Defendants: Mercer admitted no discipline/discharge; moreover, defendants (Commissioner as individual and the Union) are not his statutory "employer" | Held: Although transfer may qualify as "discipline," § 31‑51q claim dismissed because none of the defendants are Mercer's employer under the statute |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for pleadings)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Iqbal/Twombly pleading framework)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity framework)
- Hafer v. Melo, 502 U.S. 21 (individual‑capacity § 1983 suits and capacity distinctions)
- Connick v. Myers, 461 U.S. 138 (public‑concern inquiry for public‑employee speech)
- Pickering v. Bd. of Ed., 391 U.S. 563 (balancing employee speech vs. employer interest)
- Janus v. AFSCME, 138 S. Ct. 2448 (First Amendment rights of public‑sector nonmembers re: union fees)
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (state officials in official capacity not "persons" under § 1983 for damages)
- Tarkanian v. Nat'l Collegiate Athletic Ass'n, 488 U.S. 179 (state action/joint‑action analysis)
- Ciambriello v. Cty. of Nassau, 292 F.3d 307 (requirements for private actor to be a state actor)
- McKenna v. Wright, 386 F.3d 432 (qualified immunity may be raised on 12(b)(6) if facially supported)