Aurora Regino v. Kelly Staley

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AURORA REGINO, No. 23-16031

Plaintiff-Appellant, D.C. No. 2:23-cv-00032- v. JAM-DMC

KELLY STALEY, Superintendent,

OPINION

Defendant-Appellee,

and

CAITLIN DALBY; REBECCA

KONKIN; TOM LANDO; EILEEN

ROBINSON; MATT TENNIS,

Defendants.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted May 9, 2024 Pasadena, California

Filed April 4, 2025 Before: Kim McLane Wardlaw, Morgan Christen, and Mark J. Bennett, Circuit Judges.

Opinion by Judge Christen

SUMMARY *

Due Process

The panel vacated the district court’s dismissal of a complaint brought pursuant to 42 U.S.C. § 1983 by Aurora Regino, who challenged a Chico Unified School District policy under which the District began using Regino’s child’s new preferred name and pronoun without informing her. Regino, raising facial and as-applied challenges, alleged that enforcement of the District’s policy deprived her of her rights to both substantive and procedural due process. The district court…