Denise Canzoneri v. Prescott Unified School

BACKGROUND

Canzoneri is a former school librarian who was informed that her position was

being eliminated due to budget constraints. Upon learning this, Canzoneri began

speaking to other employees at work about forming a committee to address the

library’s future. Canzoneri then attended a school board meeting after hours in her

personal capacity to voice concerns about changes to the library. The next day she

was placed on administrative leave and told her employment would not be renewed.

Canzoneri subsequently filed a FAC against PUSD and several of its

employees, alleging violations of her First Amendment rights under 42 U.S.C. §

1983. The district court found that Canzoneri pled insufficient facts to state a claim

against PUSD for municipal liability under Monell v. Department of Social Services

of City of New York, 436 U.S. 658, 694 (1978) (“Monell”), and that the individual

defendants were entitled to qualified immunity. Canzoneri timely appealed.

DISCUSSION

1. The district court erred in dismissing Canzoneri’s § 1983 claim against

PUSD. Dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) is reviewed

2 de novo. Thompson v. Davis, 295 F.3d 890, 895…