First Amendment of the U.S. Constitution/Credit: zimmytws/Shutterstock.com2 The Tenth Circuit Reverses Qualified Immunity for University Official Under Rule 12(B)(6) in Student Speech Case
On appeal, circuit court holds that First Amendment protection of student speech is clearly established for purposes of qualified immunity.
February 16, 2022 at 11:00 AM
6 minute read
In Thompson v. Ragland, No. 21-1143, 2022 U.S. App. LEXIS 2427, at *1, *18 (10th Cir. Jan. 26, 2022), the U.S. Court of Appeals for the Tenth Circuit held that it is clearly established in this circuit that a university official cannot impose "discipline" on a student for their speech "without good reason." Because the law was clearly established at the time of the university official's conduct—even if there was not applicable "precedent with identical facts"—the court reversed the district court's decision to grant qualified immunity to the official who had disciplined the student. Id. at *18.
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