Loretta Avent v. Tempe Union High School District

MEMORANDUM

Plaintiff-Appellant, Loretta T. Avent, appeals the district court’s grant of summary judgment to Defendant-Appellee, Tempe Union High School District No. 213 (“Tempe Union”), on her civil rights claim of retaliation in violation of the First Amendment. A district court’s grant of summary judgment is reviewed de novo. Gossett v. Czech, 581 F.3d 891, 893 (9th Cir.2009). Summary judgment is appropriate when, “viewing the evidence in the light most favorable to the nonmoving party,” there are no genuine issues of material fact. Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001) (citing Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc)). Because we agree with the district court that Avent’s speech was not a substantial or motivating factor in the rescission of her contract, we do not reach the question whether she spoke as a private citizen or a public employee. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The following facts are not in dispute. On April 26, 2005, representatives from Tempe Union, Desert Vista, and the Gila River Indian Community met, along with parents and students, to discuss difficulties for Native…