Carpenter
Carpenter v. Dillon Elementary School District 10 ex rel. Hazelbaker
Opinion
Lead Opinion
MEMORANDUM *
Jaroy Carpenter appeals from the district court’s grant of summary judgment to *646 Dillon Elementary School District and from the district court’s denial of Carpenter’s motion for summary judgment on his claim under 42 U.S.C. § 1983 . 1 Carpenter contends that the school district deprived him of his constitutional rights by granting and thereafter revoking permission to speak at a school assembly on the basis of his exercise of First Amendment rights to free speech, to free exercise of religion, and to related associational rights. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
An action under 42 U.S.C. § 1983 requires “a claimant to prove (1) that a person acting under color of state law (2) committed an act that deprived the claimant of some right, privilege, or immunity protected by the Constitution or laws of the United States.” Redman v. County of San Diego, 942 F.2d 1435, 1439 (9th Cir. 1991) (en banc). The school district concedes that it acted under color of state law. Only the second prong is at issue in this appeal, and we focus on the dispositive question whether Carpenter was deprived of a federal constitutional right.