United States Ninth Circuit
O'Brien v. Welty, 13-16279
In a civil rights action, brought by a California State University student claiming the university's disciplining of him violated his First Amendment rights, the district court's dismissal for failure to state a claim is reversed in part and affirmed in part where: 1) California Code of Regulations, tit. 5, section 41301(b)(7) is not unconstitutionally overbroad or vague and supported discipline for plaintiff's conduct; 2) plaintiff has alleged sufficient facts to state a plausible First Amendment retaliation claim; and 3) the district court erred by finding defendants were protected by qualified immunity.
Appellate Information
- Published 2016/04/07
Judges
- FLETCHER
Court
- United States Ninth Circuit