Hartzell

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

REBECCA HARTZELL, Ph.D., No. 23-4310 BCBA-D, wife, D.C. No. 4:21-cv-00062- Plaintiff - Appellant,

SHR

v.

OPINION

MARANA UNIFIED SCHOOL

DISTRICT, a governmental entity organized and existing under the laws of the State of Arizona; ANDREA DIVIJAK, in her individual capacity, and Marital Community; JOSEPH DIVIJAK, husband, Marital Community,

Defendants - Appellees,

and

DOVE MOUNTAIN CSTEM K-8,

Defendant.

Appeal from the United States District Court for the District of Arizona Scott H. Rash, District Judge, Presiding Submitted October 21, 2024 Phoenix, Arizona

Filed March 5, 2025

Before: A. WALLACE TASHIMA, MILAN D. SMITH, JR., and BRIDGET S. BADE, Circuit Judges.

Opinion by Judge Milan D. Smith, Jr.

SUMMARY *

First Amendment/Schools

The panel affirmed in part and reversed in part the district court’s judgment in favor of the Marana Unified School District and school principal Andrea Divijak in an action brought by Rebecca Hartzell, pursuant to 42 U.S.C. § 1983 and state law, alleging that she was banned from the premises of her children’s school in retaliation…