Demetria Delarge v. Hayward Unified School Dist.

MEMORANDUM

Demetria DeLarge appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1983 action alleging that she was terminated from her employment with the Hayward Unified School District in violation of her constitutional rights and state law. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We affirm.

The district court properly dismissed DeLarge’s claim alleging that defendants retaliated against her in violation of her First Amendment rights because DeLarge did not allege that her speech involved a matter of public concern. See Desrochers v. City of San Bernardino, 572 F.3d 703, 708-10 (9th Cir.2009) (to establish a First Amendment retaliation claim, plaintiff must show that she spoke on a matter of public concern; speech that concerns individual personnel disputes and grievances generally is not of public concern).

The district court properly dismissed DeLarge’s substantive due process claim because DeLarge did not allege that de fendants took any action that foreclosed access to her profession. See Engquist v. Or. Dep't of Agric., 478 F.3d 985 , 997-98 (9th Cir.2007) (limiting…