Phelps v. Fullenwider
Phelps v. Fullenwider
Opinion of the Court
MEMORANDUM
Plaintiff-appellant brought an action under 42 U.S.C. § 1983 alleging that his dis
Even assuming that plaintiffs speech was about a matter of public concern, the district court properly held that he failed to raise a triable issue of fact as to whether his speech was a “substantial motivating factor” for the adverse employment action. Ulrich, 308 F.3d at 976. The record clearly demonstrates that his dismissal was recommended following a series of complaints from parents and students about his inappropriate behavior with students, and that his dismissal was recommended only after it was determined that he had ignored a specific warning. See Coszalter v. City of Salem, 320 F.3d 968, 977-78 (9th Cir. 2003) (“In some cases, the totality of the facts may form such a clear picture that the district court would be justified in granting summary judgment, either for or against a plaintiff, on the issue of retaliatory motive. ...”).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.