Hicks

Good News Employee Ass'n v. Hicks

Good Law
223 F. App'x 734
United States Court of Appeals for the Ninth CircuitMarch 5, 2007No. 05-15467California891 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants challenge two decisions made by the district court. In the initial decision, the district court granted, in part, appellees’ motion to dismiss several of the claims raised by appellants. Then, following discovery, the district court granted summary judgment to appellees on each of the remaining claims. We agree with the well-reasoned orders of the district court and affirm.

Appellants raise three arguments on appeal. First, they assert that the district court misapplied the law pertaining to workplace speech — particularly, Pickering v. Board of Educ., 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968), and Pool v. VanRheen, 297 F.3d 899 (9th Cir.2002) — in granting summary judgment to appellees. Second, appellants argue that if the district court had applied Pickering correctly, it would not have dismissed five other causes of action lodged in their complaint. And third, appellants argue that the administrative instruction at issue in this appeal is unconstitutionally vague and over-broad.

Appellants’ first argument lacks merit. To win on appeal, appellants must demonstrate that appellees’ qualified immunity has been abrogated. Qualified immunity…

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