United States Ninth Circuit

In an action alleging that plaintiff's First Amendment rights were violated when his fellow school board members voted to remove him as their vice president because of his relentless criticism of the school district's superintendent, summary judgment for defendants is affirmed where the board's action did not prevent plaintiff from continuing to speak out, vote his conscience, and serve his constituents as a member of the board.

Appellate Information

• Argued 10/16/2009
• Decided 06/14/2010
• Published 06/14/2010

Judges

• Before JOHNNIE B. RAWLINSON and CONSUELO M. CALLAHAN, Circuit Judges, and LARRY A. BURNS,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul A. Lindenmuth, Law Offices of Ben F. Barcus & Associates, PLLC, Tacoma, WA, for the plaintiff-appellant.


• For Appellees:
  
• William A. Coats and Daniel C. Montopoli, Vandeberg Johnson & Gandara, Tacoma, WA, for the defendants-appellees.