Background
Francois Tabi, a student, sued campus officers and trustees alleging retaliation for protected speech. The district court denied the officers’ motion for summary judgment based on qualified immunity. The officers appealed, arguing they were entitled to immunity.
The court’s reasoning
The Ninth Circuit reviewed the denial of summary judgment de novo, assuming the facts alleged by the plaintiff were true. The court found that a reasonable jury could conclude there was a substantial causal relationship between Tabi’s protected speech and the officers’ adverse actions. The officers ordered Tabi to leave campus, threatened to arrest him, and banned him shortly after he made comments about being harassed by white police officers. The court also determined that Tabi’s right to express himself on campus and speak critically of the officers was clearly established law, noting that police officers have been on notice since nineteen ninety that it is unlawful to retaliate against individuals for protected speech.
What it means going forward
The decision allows Tabi’s claim to proceed to trial, preventing the officers from using qualified immunity to dismiss the case at the summary judgment stage.