United States First Circuit

In an action brought under 42 U.S.C. section 1983 by family child care providers, who are considered public employees that may organize for collective bargaining pursuant to Mass. Gen. Laws ch. 15D, section 17(b), challenging the statutory scheme that authorizes the selection of an exclusive bargaining agent to agree on terms that affect plaintiffs' relationships with their clients and the government, and alleging the statutory regime violates their rights of freedom of association and other expressive rights guaranteed by the First Amendment, the district court's dismissal of the complaint under Federal Rule of Civil Procedure 12(b)(6) is affirmed where case law precedent renders plaintiffs' constitutional arguments meritless.

Appellate Information

• Published 2016/02/05

Judges

• SOUTER

Court

• United States First Circuit

Counsel