United States Ninth Circuit
M.D. v. Newport-Mesa Unifoed Sch. Dist., 14-56443
In a student's suit against a school district and its employees alleging First Amendment retaliation under 42 U.S.C. section 1983, as well as violations of the California Constitution and California Public Records Act, the district court's judgment is: 1) reversed as to the denial of plaintiff's motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(1) where the district court's decision could not be supported by the record, and therefore the court abused its discretion by denying plaintiffs relief from judgment; and 2) affirmed as to denial of a motion for attorney's fees where plaintiffs' California Public Record Act claim was neither indisputably without merit nor prosecuted for an improper motive.
Appellate Information
- Published 2016/10/19
Judges
- PER CURIAM
Court
- United States Ninth Circuit