Julie Ballou v. James McElvain

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JULIE BALLOU, No. 20-35416 Plaintiff-Appellee, D.C. No. v. 3:19-cv-05002-

RBL

JAMES MCELVAIN, PhD, in his individual and representative capacity, OPINION Defendant-Appellant,

and

CITY OF VANCOUVER, a municipal corporation, Defendant.

Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted May 6, 2021 Seattle, Washington

Filed September 28, 2021 Before: Danny J. Boggs, * Marsha S. Berzon, and Mary H. Murguia, Circuit Judges.

Opinion by Judge Berzon

SUMMARY **

Civil Rights

The panel affirmed the district court’s order denying, on summary judgment, qualified immunity to Police Chief James McElvain on plaintiff’s First Amendment and Equal Protection disparate treatment claim; and held that it lacked jurisdiction under the collateral order doctrine to resolve the question of whether McElvain was entitled to qualified immunity on plaintiff’s claim that she was retaliated against, in violation of the Equal Protection…