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HENDRICKSON v. AFSCME COUNCIL 18

No. 20-2018.

992 F.3d 950 (2021)

Brett HENDRICKSON, Plaintiff-Appellant, v. AFSCME COUNCIL 18; Michelle Lujan Grisham, in her official capacity as Governor of New Mexico; Hector Balderas, in his official capacity as Attorney General of New Mexico, Defendants-Appellees. National Right to Work Legal Defense Foundation, Inc., Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Filed March 26, 2021.

Attorney(s) appearing for the Case

Brian K. Kelsey ( Reilly Stephens , with him on the briefs), Liberty Justice Center, Chicago, Illinois, for the Plaintiff-Appellant.

Eileen B. Goldsmith , Altshuler Berzon LLP, San Francisco, California ( Scott A. Kronland , and Stefanie L. Wilson , Altshuler Berzon LLP, San Francisco, California; Shane C. Youtz , and Stephen Curtice , Youtz & Valdez, P.C., with her on the brief), Albuquerque, New Mexico, for the Defendant-Appellee AFSCME Council 18.

Lawrence M. Marcus ( Alfred A. Park , with him on the brief), Park & Associates, L.L.C., Albuquerque, New Mexico, for the Defendants-Appellees Michelle Lujan Grisham and Hector Balderas.

Raymond J. LaJeunesse, Jr. , National Right to Work Legal Defense Foundation, Inc., Springfield, Virginia, filed an amicus brief in support of Defendants-Appellees.

Before MATHESON, Circuit Judge, LUCERO, Senior Circuit Judge, and McHUGH, Circuit Judge.

Brett Hendrickson worked for the New Mexico Human Services Department ("HSD") and was a dues-paying member of the American Federation of State County and Municipal Employees Council 18 ("AFSCME" or "Union"). He resigned his membership in 2018 after the Supreme Court decided Janus v. American Federation of State, County...

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