In Waln v. Dysart School District, published December 9, 2022, a divided panel of the 9th Circuit Court of Appeals reversed an order dismissing at the pleading stage a 42 U.S.C. section 1983 lawsuit against a school district. The district's dress-code policy for graduation declared that students may not decorate their gown or cap. The plaintiff…
In Sabra v. Maricopa County Community College District, published August 10, 2022, a divided panel of the 9th Circuit Court of Appeals affirmed dismissal of a 42 U.S.C. section 1983 lawsuit. The defendant professor at the defendant community college district taught a course on world politics. One module of that course was on Islamic terrorism. The…
In Hernandez v. City of Phoenix, published August 5, 2022, the 9th Circuit Court of Appeals affirmed in part and reversed in part dismissal of a police officer's suit against the defendant city under 42 U.S.C. section 1983. The city's police department adopted a social media policy for employees that prohibited employees from engaging in speech…
In Shurtleff v. City of Boston, published May 2, 2022, a unanimous U.S. Supreme Court reversed a district court and appellate court decision that the defendant city did not violate the First Amendment by declining to fly a religious flag. The Boston City Hall has three flagpoles. One flies the American flag, the second flies the…
In Ballentine v. Tucker, published March 8, 2022, the 9th Circuit affirmed in part and reversed in part a district court's ruling on a police detective's summary judgment motion based on qualified immunity. On multiple occasions, the plaintiffs engaged in protests involving chalking anti-police messages on public sidewalks. On some occasions, they were cited for…
In Saved Magazine v. Spokane Police Department, published December 9, 2021, the 9th Circuit affirmed summary judgment in favor of a police officer and the city that employed him. At a library's children's book reading event called "Drag Queen Story Hour," the police separated protesters and counterprotesters into separate zones near the library. The plaintiff, wearing…
In Ballou v. McElvain, published September 28, 2021, the 9th Circuit Court of Appeals affirmed a district court's denial of a police chief's summary judgment based on qualified immunity. The plaintiff took an exam to determine elegibility for promotion to sergeant. Soon after the exam, the plaintiff was investigated by internal affairs for failing to write a…
In Ohlson v. Brady, published August 23, 2021, the 9th Circuit affirmed summary judgment in favor of the plaintiff’s supervisors in a 42 U.S.C. section 1983 lawsuit alleging First Amendment retaliation. The plaintiff was a forensic scientist employed by the state in an agency that analyzes blood samples for alcohol content. The plaintiff believed that the…
In Mahoney Area School District v. B.L., published June 23, 2021, the U.S. Supreme Court, ruling 8-1, affirmed a circuit court decision that the defendant school district's discipline of the plaintiff violated the First Amendment. The plaintiff was denied a position on her high school's varsity cheerleading squad and the right fielder position on a private…
In Uzuegbunam v. Presczewski, published March 8, 2021, the U.S. Supreme Court reversed a circuit court decision that a plaintiff could not maintain standing in a lawsuit alleging violation of the right to free speech. A student of a public university was told that even though he had a permit to speak in a designated speaking…