Andrea Heath v. City of Desert Hot Springs

MEMORANDUM

Dominic Heath and Kendall Johnson, guardians ad litem for minor J.M.J., appeal the district court’s dismissal of an action brought by J.MJ.’s predecessor in interest, Andrea Heath. Heath, a police officer with' the City of Desert Hot Springs, brought, a § 1983 claim and state law claims alleging that Defendants retaliated against her for exercising her First Amendment free speech and petition rights. We reverse and remand. Because the parties are familiar with the history of this case, we need not recount it here.

We review a district court’s dismissal of a complaint for failure to state a claim under Rule 12(b)(6) de novo. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). In undertaking this review, we “accept all factual allegations of the complaint as true and draw all reasonable inferences in favor of the nonmoving party.” Pub. Lands for the People, Inc. v. U.S. Dep’t of Agric., 697 F.3d 1192, 1196 (9th Cir.2012) (internal quotation marks omitted). “Dismissal under Rule 12(b)(6) is inappropriate unless [the plaintiffs] complaint fails to ‘state a claim to relief that is plausible on its face.’” Dahlia v. Rodriguez, 735 F.3d 1060, 1066 (9th Cir.2013) (en banc)…