Roybal v. Toppenish School District

The Ninth Circuit granted the denial of qualified immunity to defendants on plaintiff's due process claim, and dismissed the denial of qualified immunity to defendants on plaintiff's First Amendment claim. Plaintiff, a former school principal, filed suit under 42 U.S.C. 1983, alleging that the school district reduced his salary without due process and retaliated against him for speaking to an attorney about his evaluation. The court held that the district court erred in holding that Toppenish violated due process by failing to comply with procedures required under state law when it reduced plaintiff's salary. The panel explained that federal due process did not necessarily entitle a plaintiff to the same procedures provided by state law. The panel also held that it lacked jurisdiction at this stage to review the denial of qualified immunity as to plaintiff's First Amendment claim because the district court had found genuine issues of material fact existed regarding the claim. View "Roybal v. Toppenish School District" on Justia Law