United States Ninth Circuit

In University students' section 1983 suit against Oregon State University officials, claiming that the University officials denied their request to place their conservative student monthly newspaper bins elsewhere after their newspaper bins were thrown in a trash heap, district court's dismissal of the complaint is reversed and remanded where: 1) the complaint adequately pleads First Amendment, equal protection, and due process violations; 2) the complaint states claims against three of the defendants based on the post-confiscation decision; and 3) the complaint states a claim against the Director of Facilities Services based on the confiscation itself.

Appellate Information

• Decided 10/23/2012
• Published 10/23/2012

Judges

• Tashima

Court

• United States Ninth Circuit

Counsel