B.B.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

B.B., a minor by and through her No. 24-1770 mother, Chelsea Boyle, D.C. No. 8:23-cv-00306- Plaintiff - Appellant,

DOC-ADS

v.

CAPISTRANO UNIFIED SCHOOL OPINION

DISTRICT; JESUS BECERRA, an individual in his individual and official capacities; CLEO VICTA, an individual in her individual and official capacities,

Defendants - Appellees.

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding Argued and Submitted April 9, 2025 Pasadena, California Filed March 10, 2026 Before: Consuelo M. Callahan, Roopali H. Desai, and Ana de Alba, Circuit Judges. Per Curiam Opinion SUMMARY *

First Amendment

The panel vacated the district court’s grant of summary judgment for Jesus Becerra, the school principal at Viejo Elementary School in the Capistrano Unified School District, and remanded, in a 42 U.S.C. § 1983 action brought by first-grade student B.B., alleging her First Amendment rights were violated when she was punished after she drew a picture that included the words “Black Lives Mater [sic]…