BREWSTER v. BD. OF EDUC. OF LYNWOOD U. SCHOOL DIST.

No. 97-55203.

149 F.3d 971 (1998)

Arthur J. BREWSTER, Plaintiff-Appellee, v. The BOARD OF EDUCATION OF THE LYNWOOD UNIFIED SCHOOL DISTRICT, Audrey M. Clarke, as an individual and in her official capacity, Althea L. Jenkins, as an individual and in her official capacity, Gary D. Furuno, as an individual and in his official capacity, Richard Armstrong, as an individual and in his official capacity, Laura M. Byrd, as an individual and in her official capacity, Rachel Chavez, as an individual and in her official capacity, Cynthia Green-Geter, as an individual and in her official capacity, Thelma Calvin-Williams, as an individual and in her official capacity, and Does 1-50, inclusive, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1998.


Attorney(s) appearing for the Case

Warren S. Kinsler, argued, Aaron V. O'Donnell, on the brief, Atkinson, Andelson, Loya, Ruud & Romo, Cerritos, California, for the appellants.

James H. Fosbinder, Fosbinder & Fosbinder, Venice, California, for the appellee.

Before: FARRIS, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether school officials who downgraded and ultimately dismissed a teacher may be held personally liable for allegedly violating First and Fourteenth Amendment rights.

I

Arthur Brewster applied for an elementary school teaching position with the Lynwood, California, Unified School District ("the District") in July 1994. In September, the District hired Brewster as a first-year probationary teacher at the...

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