Chad Standley v. Vicki Nelms

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 25 2024

FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

CHAD STANDLEY, on behalf of his minor No. 22-35833 son, B.M.S., D.C. No. 3:22-cv-00275-YY Plaintiff-Appellant, v. MEMORANDUM*

VICKI NELMS; GREG NEUMAN;

NORTH CLACKAMAS SD 12, an Oregon Public School District, authorized and chartered by the laws of the State of Oregon, Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding Argued and Submitted September 14, 2023 Seattle, Washington Before: HAWKINS, R. NELSON, and COLLINS, Circuit Judges. Partial Dissent and Partial Concurrence by Judge HAWKINS. Plaintiff Chad Standley, acting on behalf of his minor son B.M.S., filed this

action under 42 U.S.C. § 1983, challenging the school mask mandate imposed by

the Oregon Health Authority (“OHA”) when it adopted Oregon Administrative

Rule 333-019-1015.1 As Defendants, Standley named only the local school district

* This disposition is not…