Foster v. Mahdesian

268 F.3d 689 (9th Cir. 2001) DIANNE FOSTER; D. RAYMOND BEASLEY; HOWARD W. NEELY; MARK ALBRECHT; BARRY LEE PARKS; SUE ANN MCPHERSON; RICHARD DIGIACOMO; MARCIA A. HARTMAN, PLAINTIFFS-APPELLEES v. JOYCE C. MAHDESIAN; LIVERMORE EDUCATION ASSOCIATION; MOUNT DIABLO EDUCATION ASSOCIATION; FREMONT UNIFIED DISTRICT TEACHERS ASSOCIATION; UKIAH TEACHERS ASSOCIATION; NEW HAVEN UNIFIED SCHOOL DISTRICT; OAK GROVE EDUCATORS ASSOCIATION; EAST SIDE TEACHERS ASSOCIATION; ALAMEDA EDUCATION ASSOCIATION; LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT; THE UKIAH UNIFIED SCHOOL DISTRICT; LOCAL UNION, DEFENDANTS, AND KIM LOGAN, SUPERINTENDENT; JOE COTO, SUPERINTENDENT EAST SIDE UNION HIGH SCHOOL DISTRICT; LORRAINE GARCY, IN HER OFFICIAL CAPACITY AS SUPERINTENDENT, BOARD OF EDUCATION, LIVERMORE VALLEY JOINT SCHOOL DISTRICT; RUTH MCKENNA, IN HER OFFICIAL CAPACITY, SUPERINTENDENT, BOARD OF EDUCATION, NEW HAVEN UNIFIED SCHOOL DISTRICT, DEFENDANTS-APPELLANTS No. 00-15028 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted May 18, 2001 Filed October 15, 2001 As Amended November 5, 2001 1 [Copyrighted Material Omitted] 2 Stephen P. Berzon, Jeffrey B. Demain, Altshuler, Berzon, Nussbaum,…