Jones v. Beverly Hills Unified School District

MEMORANDUM

Mary Jones appeals pro se from the district court’s judgment dismissing her action alleging discrimination in school athletics under 42 U.S.C. § 1983 and Title IX. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm.

The district court properly dismissed Jones’s claims alleging sex discrimination and retaliation in violation of Title IX because Jones did not allege that defendants retaliated or discriminated against her. See Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 184 , 125 S.Ct. 1497 , 161 L.Ed.2d 361 (2005) (to prevail in a retaliation claim under Title IX, a plaintiff must show that defendants retaliated against her because she complained of sex discrimination); Cannon v. Univ. of Chi, 441 U.S. 677, 694 , 99 S.Ct. 1946 , 60 L.Ed.2d 560 (1979) (Title IX protects “persons discriminated against on the basis of sex”).

To the extent that Jones alleged § 1983 claims in the operative complaint,…