Opinion

Martin v. Naval Criminal Investigative Service

  • 539 F. App'x 830
Court
Court of Appeals for the Ninth Circuit
Filed
Sep 5, 2013
Status
Unpublished
Author
Silverman
On the bench
Cedarbaum, Silverman, Wardlaw
Nature of suit
Civil
Cited by
2 cases

The opinion

SILVERMAN, Circuit Judge,

dissenting:

I have scoured the complaint and I have drawn all reasonable inferences in plaintiffs favor. Yet I still fail to see where plaintiff has plausibly alleged that anything this particular defendant supposedly did — even assuming he acted unprofessionally, improperly, or overzealously — was in retaliation for the exercise of her First Amendment rights, as opposed to being in furtherance of an investigation into plaintiffs reported misuse of her credentials, an investigation that he was summoned to and did not initiate. Because plaintiff failed to state a plausible constitutional violation, defendant Martin was entitled to qualified immunity. I would reverse the district court’s denial of the motion to dismiss and direct the district court to grant plaintiff leave to amend her complaint.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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