Murdock

MEMORANDUM **

Plaintiffs Stephen and Kelly Murdock (the “Murdocks”) appeal the district court’s order granting summary judgment on all claims in favor of Defendants Mingus Union High School District and Mingus Union Governing Board (collectively, the “District”). Because the parties are familiar with the facts, we only address the law.

1. The Murdocks’ due process claim premised on a liberty interest fails as a matter of law. Regardless of whether the District’s temporary placement of stigmatizing information in Stephen Murdock’s personnel file was publication under Cox v. Roskelley, 359 F.3d 1105 (9th Cir.2004), the District presented undisputed evidence that no member of the public saw this information while it was in the file. Accordingly, the Murdocks suffered no injury. See Bd. of Regents of State Colls. v. Roth, 408 U.S. 564, 573 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972) (recognizing that a plaintiff is not injured unless her “good name, reputation, honor, or integrity is at stake”).

In the alternative, the Murdocks argue an issue they failed to bring before the district court. Although we have discretion to address issues raised for the first time on appeal, we decline to…