Carrillo v. Pima Community College District
4:25-cv-00034
D. Ariz.Mar 11, 2025Background
- Plaintiff Carlos Mejorado Carrillo filed a suit against Pima Community College District (PCCD) alleging harm from the release and dissemination of confidential Title IX investigative materials.
- Carrillo claimed that PCCD disclosed misleading, outdated, and graphic information to third parties, resulting in false and defamatory rumors that damaged his career and reputation.
- The alleged disclosures led to a social media campaign and further unauthorized sharing of confidential documents, which Carrillo argued PCCD failed to correct or mitigate.
- Carrillo brought claims under Title IX (retaliation), the First Amendment (retaliation), 42 U.S.C. § 1981 (civil rights and contract interference), and the Family Educational Rights and Privacy Act (FERPA).
- The court previously dismissed Carrillo’s original complaint but granted leave to amend. The court now reviews the First Amended Complaint (FAC) for legal sufficiency under 28 U.S.C. § 1915(e)(2)(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Title IX Retaliation | PCCD retaliated by releasing damaging records after protected activity | Not stated | Dismissed; no protected activity or causal link alleged |
| First Amendment Retaliation | Suffered adverse action due to protected expression or conduct | Not stated | Dismissed; failed to allege protected activity or causation |
| § 1981 Civil Rights/Contract Interference | PCCD interfered with job contract and caused reputational harm | Not stated | Dismissed; no facts linking interference to race/protected class |
| FERPA Violation | PCCD unlawfully disclosed FERPA-protected records | Not stated | Dismissed without leave; FERPA provides no private right of action |
Key Cases Cited
- Grabowski v. Arizona Bd. of Regents, 69 F.4th 1110 (9th Cir. 2023) (analyzing Title IX retaliation elements)
- Ollier v. Sweetwater Union High Sch. Dist., 768 F.3d 843 (9th Cir. 2014) (defining adverse action in retaliation claims)
- CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008) (section 1981 covers retaliation claims)
- Comcast Corp. v. Nat'l Ass'n of Afr. Am.-Owned Media, 589 U.S. 327 (2020) (section 1981 causation standard)
- Gonzaga Univ. v. Doe, 536 U.S. 273 (2002) (FERPA lacks enforceable individual rights)