447 F. App'x 814
9th Cir.
2011

Robin POTERA-HASKINS v. [REDACTED]

[REDACTED]

United States Court of Appeals, Ninth Circuit

Aug. 16, 2011

814

Before: SCHROEDER and NOONAN, Circuit Judges, and SNOW, District Judge.

William Anderson Forsythe, Moulton Bellingham PC, Billings, MT, for Defendants-Appellees.

MEMORANDUM **

Robin Potera-Haskins (“Potera-Haskins“) 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. § 1983 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.

Notes

*
The Honorable G. Murray Snow, District Judge for the U.S. District Court for Arizona, Phoenix, sitting by designation.
**
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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