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LATHUS v. CITY OF HUNTINGTON BEACH

No. 21-56197.

56 F.4th 1238 (2023)

Shayna LATHUS, an individual, Plaintiff-Appellant, v. CITY OF HUNTINGTON BEACH, a municipal entity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 5, 2023.

Attorney(s) appearing for the Case

Andrea R. Bird (argued), Costa Mesa, California; Jerold D. Friedman , Huntington Beach, California; for Plaintiff-Appellant.

Mark J. Austin (argued), Burke Williams & Sorensen LLP, Santa Ana, California; Stephen A. McEwen , Burke Williams & Sorensen LLP, Irvine, California; Michael J. Vigliotta , Office of the City Attorney, Huntington Beach, California; for Defendant-Appellee.

Before: Paul J. Watford and Andrew D. Hurwitz, Circuit Judges, and Eric N. Vitaliano, District Judge.

OPINION

The issue for decision is whether the First Amendment protects a volunteer member of a municipal advisory board from dismissal by the city councilperson who appointed her and is authorized under a city ordinance to remove her. Because the advisory board member is the "public face" of the elected official...

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