Toney

Toney v. Young

Good Law
238 F. Supp. 3d 1234·2017 WL 784909·2017 U.S. Dist. LEXIS 28267
United States District Court, Eastern District of CaliforniaFebruary 28, 2017CIV. NO. 2:15-cv-1225 WBS ACCalifornia3,733 words

Opinion

Lead Opinion

Shubb, J.

MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT

Plaintiff Shenetta Toney brought this action against defendants Neil Young and Bill Atterberry, alleging that defendants violated her First Amendment rights by recommending that she be terminated from her position as a high school supervisor after she told students to video-record alleged police brutality during a school incident. (Compl. (Docket No. 1).) Defendants now move for summary judgment against plaintiff. (Defs.’ Mot. (Docket No. 10).)

I. Factual and Procedural History

Plaintiff was employed as a “campus supervisor” at Bear Creek High School, a public high school, from 1999 to 2014. (See Decl. of Shenetta Toney (“Tonéy Deck”) ¶ 1 (Docket No. 20-3).) As a campus supervisor, plaintiff was responsible for: (1) “maintain[ing] order, safety and security” on campus; (2) “[p]revent[ing] student conflicts and fights”; and (3) “[r]e-spond[ing] to .,. calls of disturbance” and “interven[ing] as necessary” in such disturbances. (Pk’s Opp’n Ex. 1, Campus Supervisor Job Description at 1 (Docket No. 20-6).)

On April 24, 2014, a “large” fight broke out in the parking lot of Bear Creek High shortly after the school day had ended.…

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