United States Ninth Circuit

In an action under 42 U.S.C. section 1983 alleging First Amendment retaliation in connection with the university-defendants' decision to suspend its collection and remittance of the students' association fees and then to modify its fee collection policies, the District Court's dismissal of the claims is: 1) affirmed in part where the Eleventh Amendment barred any claim by the plaintiffs for retrospective relief, including money damages; and 2) reversed in part as to the First Amendment claims where plaintiffs have adequately alleged that it had engaged in the kinds of core political speech that trigger First Amendment's highest level of protection.

Appellate Information

• Published 2016/06/01

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel