Anthony Defrancesco v. Robert C. Robbins

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

No. 23-16147

ANTHONY T. DEFRANCESCO,

D.C. No. Plaintiff-Appellant, 4:20-cv-00011-

CKJ

v.

ROBERT C. ROBBINS, in his

OPINION

individual capacity; MICHAEL D. DAKE, in his individual capacity; UNKNOWN PARTIES, named as and does 1-10 inclusive,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Cindy K. Jorgenson, District Judge, Presiding

Argued and Submitted August 21, 2024 San Francisco, CA

Filed May 7, 2025

Before: Marsha S. Berzon, Daniel A. Bress, and Lawrence VanDyke, Circuit Judges.

Per Curiam Opinion; Concurrence by Judge Berzon SUMMARY*

First Amendment/Qualified Immunity

The panel affirmed the district court’s dismissal on qualified immunity grounds of Anthony DeFrancesco’s complaint alleging that he was harassed and then fired from his position as the Senior Director of Operations at the University of Arizona Health Sciences division (“UAHS”) in retaliation for his husband’s whistleblowing speech, in violation of the First Amendment. DeFrancesco’s husband, who had earlier also held a high position at the University of…