Robin Potera-Haskins v. Geoffrey Gamble

447 F. App'x 813

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 16, 2011
• Docket: 10-35778
• Status: Unpublished

Opinion

MEMORANDUM **

Robin Potera-Haskins (“Potera-Has-kins”) appeals the district court’s denial of a jury trial on her claim under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, and its grant of summary judgment on her 42 U.S.C. § 1988 First Amendment retaliation claim. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Potera-Haskins was not entitled to a jury trial on her Title IX claim. With respect to monetary relief, she could recover no more than the liquidated damages she received, and a bench trial was therefore appropriate. See Smith v. Barton, 914 F.2d 1330, 1337 (9th Cir.1990).

The district court properly granted summary judgment on Potera-Haskins’ First Amendment retaliation claim because her statements were made pursuant to her official duties. See Garcetti v. Ceballos, 547 U.S. 410, 421, 126 S.Ct. 1951, 164 L.Ed.2d 689 (2006).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.