[Update:  The court removed the opinion from its website. On the docket a clerk’s order was entered, stating, “The Court’s opinion and judgment dated September 19, 2018, having been prematurely filed is hereby VACATED., filed.” Thanks to a helpful reader for alerting me.]

Palardy v. Township of Millburn — civil — partial reversal — Siler CA6 by designation

The Third Circuit today reversed a district court’s grant summary judgment against a police officer who alleged that he was not made police chief due to his union membership. The court joined a circuit minority on the question of whether recent Supreme Court cases limiting speech protections for public employees to matters of public concern also apply to association claims, holding that they do not. Union membership, the court held, is First-Amendment-protected conduct.

Joining Siler were Ambro and Scirica. Arguing counsel were Dennis Durkin of Roseland, NJ, for the former police officer and Littie Rau of Ruderman Horn for the township.