Robin Potera-Haskins v. Geoffrey Gamble

U.S. Court of Appeals for the Ninth Circuit
Robin Potera-Haskins v. Geoffrey Gamble, 447 F. App'x 813 (9th Cir. 2011)

Robin Potera-Haskins v. Geoffrey Gamble

Opinion

MEMORANDUM **

Robin Potera-Haskins (“Potera-Has-kins”) appeals the district court’s denial of a jury trial on her claim under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, and its grant of summary judgment on her 42 U.S.C. § 1988 First Amendment retaliation claim. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Potera-Haskins was not entitled to a jury trial on her Title IX claim. With respect to monetary relief, she could recover no more than the liquidated damages she received, and a bench trial was therefore appropriate. See Smith v. Barton, 914 F.2d 1330, 1337 (9th Cir. 1990).

The district court properly granted summary judgment on Potera-Haskins’ First Amendment retaliation claim because her statements were made pursuant to her official duties. See Garcetti v. Ceballos, 547 U.S. 410, 421, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Robin POTERA-HASKINS, Plaintiff—Appellant, v. Geoffrey GAMBLE; Allen Yarnell; Peter Fields; Dan Davies; Bozeman, MSU, Defendants—Appellees
Cited By
1 case
Status
Unpublished