Washington v. Oakland Unified School District

I. BACKGROUND

18 The morning of February 22, 2019, Washington arrived at Horace Mann Elementary to “do 19 Christian-themed chalk art upon the public easement outside the school property.” FAC (dkt. 40) 20 ¶ 12. At the time, Oakland teachers were on strike and congregated near the entrance of the 21 school. Id. ¶ 13. Washington “went near the corner of the block away from the picket line, and 22 continued his weekly routine with the chalk art, writing bible scriptures and words entailing core 23 principals of the Christian faith.” Id. ¶ 15. 24 That morning two groups of teachers said “disparaging things to” Washington. Id. ¶ 16. 25 He also alleges that the defendant identified as “Doe 1” “verbally antagonize[d] and harass[ed]” 26 him, id. ¶ 19, intentionally walked into him, “pressing her thighs into his upper body and head 27 1 ¶ 23, and “propagat[ed] misinformation and claim[ed] [Washington] was painting on the 2 sidewalk,” id. ¶ 22. 3 Similarly, Washington alleges that on August 7, 2019, employees of OUSD “verbally 4 berate[d]” him, including by calling him “stupid,” and erased his chalk art from the sidewalk. Id. 5 ¶¶ 26–30. 6 Additionally, “from…