Summary
The Ninth Circuit reversed the district court's dismissal of a former community college math professor's lawsuit alleging First Amendment retaliation, procedural due process violations, and equal protection claims following his criticism of curriculum changes. The panel held that the professor's speech addressed a matter of public concern related to scholarship and teaching, was protected under the First Amendment, and motivated adverse employment actions including reprimands and negative performance reviews. While the court found insufficient pleading for the due process and equal protection claims, it ruled that the district court abused its discretion in denying leave to amend those claims. The case was remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether Jensen plausibly alleged a First Amendment retaliation claim.
- Whether the district court erred in dismissing the First Amendment claim in official capacity under Eleventh Amendment sovereign immunity.
- Whether Jensen adequately pleaded procedural due process claims.
- Whether Jensen adequately pleaded equal protection claims.
- Whether the district court abused its discretion in denying leave to amend.
Holdings
- The district court erred; Jensen’s First Amendment retaliation claim in personal capacity proceeds.
- The dismissal was erroneous; the claim is not barred because the relief sought is prospective injunctive and declaratory relief.
- Jensen failed to plead a cognizable procedural due process claim; the district court’s dismissal on the merits stands.
- Jensen’s equal protection claim fails because he did not allege membership in a discrete protected class.
- The district court abused its discretion; the dismissal without leave to amend is reversed and the case remanded for the opportunity to amend due process and equal protection claims.
Key quotations
“The panel held that the district court erroneously dismissed Jensen’s First Amendment retaliation claim for damages against the Administrators in their personal capacities.” (at 3)
“The district court abused its discretion in denying Jensen leave to amend these claims without explanation.” (at 41)
Factual background
Lars Jensen, a math professor at Truckee Meadows Community College, criticized a new co‑requisite policy that lowered math curriculum standards. After distributing a handout at a faculty Math Summit, he was reprimanded, received unsatisfactory performance reviews, was pressured to resign from a tenure committee, and faced a disciplinary hearing.
Procedural history
Jensen filed a 12(b)(6) motion to dismiss; the district court granted dismissal of all claims and denied leave to amend. Jensen appealed the dismissal.
Remand instructions
Remand for further proceedings consistent with this opinion, including an opportunity for the plaintiff to amend his procedural due process and equal protection claims.