March 23, 2012

Polsinelli Shughart's Sean Gallagher argued a case before the Supreme Court of the United States on March 21, 2012. The case is Reichle et al v. Howards, a case brought to review because of a decision by the US Court of Appeals for the Tenth Circuit. The decision allowed claims brought First Amendment retaliatory arrest claims to proceed against two Secret Service agents. This lawsuit arises out of the decision by the agents to arrest Steven Howards after he lied to them about touching Vice President Richard Cheney in Beaver Creek, Colorado in 2006. The agents, Virgil “Gus” Reichle and Daniel Doyle, have asked the Supreme Court to reverse the decision by the Tenth Circuit that allowed the lawsuit seeking personal money damages to proceed despite the fact that the agents had probable cause to arrest Howards for making a false statement to a federal officer. The firm represents the Secret Service agents. 

Denver radio station host Mike Rosen from KOA 850 interviewed Gallagher for a full hour. To hear the podcast, click here

About Sean Gallagher

Sean Gallagher has more than 20 years of courtroom experience covering a range of complex litigation, including commercial, employment, and public policy matters. He has handled commercial litigation matters involving claims for fraud and misrepresentation, securities fraud, antitrust violations, consumer protection violations, trademark and copyright infringements, environmental whistleblowing, violations of the False Claims Act, and corporate governance disputes.

Mr. Gallagher also assists his clients in forging proactive employment policies that minimize the risk of litigation; however, when necessary he represents employers in cases involving allegations of employment discrimination, civil rights violations, Sarbanes-Oxley violations, retaliatory discharge, breach of contract, ERISA violations, section 1983 claims, and libel and slander. He also has extensive experience with negotiating and litigating executive employment agreements, representing both individuals and employers.

Mr. Gallagher has handled a broad spectrum of public policy, election, and constitutional matters. He has significant experience bringing and defending First Amendment cases. In October 2010, he won a First Amendment case in the U.S. Supreme Court in which he represented a member of President Bush’s advance team, when the Court, over the written dissents of two justices, denied the ACLU's petition for writ of certiorari and declined to reverse the Tenth Circuit’s determination that the president could remove the plaintiffs from a presidential event based upon the content of their speech. Weise v. Casper, 131 S.Ct. 7 (2010). In December 2011, the U.S. Supreme Court granted certiorari in Reichle v. Howards (No. 11-262), a case in which Mr. Gallagher represents two U.S. Secret Service agents who are alleged to have arrested the plaintiff in retaliation for the exercise of his First Amendment Rights. That case is expected to be argued in the Supreme Court in April 2012. Mr. Gallagher has also represented the governor of Colorado in the state's congressional redistricting litigation, a U.S. Congressman in a congressional race recount and a number of clients bringing constitutional and statutory challenges to federal and state agency actions.