Grosz v. Lassen Community College District

MEMORANDUM

Plaintiffs appeal dismissal of their third amended complaint for failure to state a claim for harassment, discrimination, and retaliation in violation of 42 U.S.C. § 1983 , Title VII, California’s Fair Employment and Housing Act (“FEHA”), and California common law against Lassen Community College District, its Board of Trustees (collectively “District defendants”), and Homer Cissell (“Cissell”). We affirm in part and reverse in part.

We review a dismissal under Fed. R.Civ.P. 12(b)(6) de novo. Stone v. Travelers Corp., 58 F.3d 434, 436-37 (9th Cir. 1995). All allegations of material fact must be taken as true and must be construed in the light most favorable to the nonmoving party. Kearns v. Tempe Tech. Inst., Inc., 39 F.3d 222 , 224 (9th Cir.1994). We reverse if we find “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007).

Many of the claims here do not survive the Twombly pleading standard. Therefore, we affirm the judgment of the district court as to all claims, except for the following: (1) the § 1983 claims alleged by Grosz, Chavez and Bishop against…