Nilsson

I. FACTUAL AND PROCEDURAL BACKGROUND

Nilsson applied for a police officer position with the City of Mesa. In conjunction with her employment application, Nilsson agreed to “waive all [her] legal rights and causes of action to the extent that the Mesa, Arizona, Police Department investigation (for purposes of evaluating [her] suitability or application for employment) . . . violate[d] or infringe[d] upon . . . [her] legal rights and causes of action . . .” In addition, Nilsson:

[A]gree[d] to hold harmless and release from liabil- ity under any and all possible causes of legal action the City of Mesa, Arizona Police Department, their officers, agents, and employees for any statements, acts, or omissions in the course of the investigation into [her] background, employment history, health, family, personal habits and reputation.

Officer Dwayne Yunker (Yunker) was assigned to investi- gate Nilsson’s background. After an initial review, Yunker “gave . . . Nilsson the thumbs up,” and her employment appli- cation was sent to the Mesa Police Department’s (Mesa PD) Hiring Board. Yunker continued discussions with Nilsson, 1 Because Nilsson does not challenge the district court’s…