Mooney v. Illinois Education Association

(1) Whether 42 U.S.C. § 1983 provides a "good-faith defense" to private entities who violate another"s constitutional rights before the courts have clearly established the illegality of their conduct; and (2) whether the defenses of qualified immunity or "good faith" allow a defendant who takes another person"s money or property in violation of the Constitution"but in reliance on a statute or court ruling that purported to authorize its conduct and is only later declared unconstitutional"to keep that money or property when the owner sues for its return.