Henry

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 20 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERIKA HENRY; DANIEL HENRY, wife No. 25-469 and husband, with two minor children K.H. D.C. No. and B.H., 2:22-cv-00046-MKD Plaintiffs - Appellees,

MEMORANDUM*

v.

UMAIR A. SHAH; JESSICA

TODOROVICH; ROY CALICA,

Defendants - Appellants,

and

WASHINGTON DEPARTMENT OF

HEALTH, JOHN DOES 1-10,

Defendants.

Appeal from the United States District Court for the Eastern District of Washington Mary K. Dimke, District Judge, Presiding

Argued and Submitted December 2, 2025 Portland, Oregon

Before: McKEOWN and SUNG, Circuit Judges, and FITZWATER, District

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Judge.**

Plaintiff Erika Henry claims Defendants Umair A. Shah, Jessica Todorovich,

and Roy Calica terminated her employment with the Washington Department of

Health (“DOH”) in violation of the First Amendment. Defendants seek

interlocutory review of the district…