Richerson

Richerson v. Beckon

Good Law
337 F. App'x 637
United States Court of Appeals for the Ninth CircuitJune 16, 2009No. 08-35310California621 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Tara L. Richerson appeals from the district court’s summary judgment in her 42 U.S.C. § 1983 action against appellee Jeanne Beckon, Director of Human Resources for the Central Kit-sap School District. Richerson alleges that Beckon involuntarily and unconstitutionally transferred Richerson from her position as a “curriculum specialist” and “instructional coach” into a classroom teaching position in retaliation for Richer-son’s exercise of her First Amendment rights through her personal internet blog.

We assume, without deciding, that at least some of Richerson’s speech was of public concern, and we also assume, without deciding, that Richerson’s transfer was an adverse employment action. We nevertheless affirm the summary judgment because Richerson’s transfer was appropriate under the balancing test laid out in Pickering v. Board of Education, 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968).

It is undisputed that the positions from which Richerson was transferred required that she enter into trusting mentor relationships with other, less-experienced teachers in order for her to give honest, critical, and private feedback. Richerson’s…

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