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HARTZELL v. MARANA UNIFIED SCHOOL DISTRICT

No. 23-4310.

REBECCA HARTZELL, Ph.D., BCBA-D, wife, Plaintiff-Appellant, v. MARANA UNIFIED SCHOOL DISTRICT, a governmental entity organized and existing under the laws of the State of Arizona; ANDREA DIVIJAK, in her individual capacity, and Marital Community; JOSEPH DIVIJAK, husband, Marital Community, Defendants-Appellees, and DOVE MOUNTAIN CSTEM K-8, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 5, 2025.

Attorney(s) appearing for the Case

Jacob C. Jones (argued), Snell & Wilmer LLP, Phoenix, Arizona; Jeffrey Willis, Snell & Wilmer LLP, Tucson, Arizona; for Plaintiff-Appellant.

Lisa A. Trudinger-Smith (argued) and Tyler H. Stanton, DeConcini McDonald Yetwin & Lacy PC, Tucson, Arizona, for Defendants-Appellees.

Opinion by Judge Milan D. Smith, Jr.

OPINION

Following an incident on February 7, 2020, at Dove Mountain K-CSTEM school (Dove Mountain), Plaintiff-Appellant Rebecca Hartzell was banned from the school premises. Hartzell claims that she was banned from the school in retaliation for her protected speech. Defendants-Appellees, the Marana Unified School...

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