Brewer

Black v. Brewer

Good Law
302 F. App'x 669
United States Court of Appeals for the Ninth CircuitDecember 2, 2008No. 07-15519California728 words

Opinion

lead Opinion

MEMORANDUM *

Lisa Black appeals the district court’s grant of summary judgment on her 42 U.S.C. § 1983 free speech and wrongful discharge claims made against her former employer, the Commonwealth of the Northern Mariana Islands Public School System (“PSS”), and Hopwood Principal Jimmie Brewer. She also challenges the district court’s evidentiary rulings during the trial of her other claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

The district court properly granted summary judgment on Black’s § 1983 claim because her pleadings were insufficient. We review de novo a district court’s determinations regarding pleadings. See Cook, Perkiss & Liehe v. Northern Cal. Collection Serv., 911 F.2d 242 , 244 (9th Cir.1990). To prevail on a § 1983 free speech claim, Black must show that (1) she engaged in constitutionally-protected speech, (2) school administrators took adverse employment action against her, and (3) Black’s constitutionally-protected speech was a “substantial or motivating factor” for the adverse employment action. Board of County Comm’rs, Wabaunsee County, Kan. v. Umbehr, 518 U.S. 668, 675 , 116 S.Ct. 2342 , 135 L.Ed.2d 843 (1996). In our prior…

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