On January 19, 2016 Victor A. Afanador appeared at counsel table as second chair to a United States Supreme Court oral argument in the matter Heffernan v. The City of Paterson. Mr. Afanador represents the City of Paterson before the Court seeking to affirm the Third Circuits determination that the Plaintiff did not properly establish a cause of action under the First Amendment. The Question presented before the Court is:
To raise a First Amendment retaliation claim, must public employees show they were fired for actually engaging in constitutionally protected activities?
