The panel affirmed the district court’s summary judgment for the Central Valley School District (“CVSD”) and individual school administrators in a suit brought by Randy Thompson, a former middle school assistant principal, alleging retaliation in violation of the First Amendment.

Thompson was placed on paid administrative leave and subsequently transferred to a teaching position as a result of his posting on Facebook a comment about the Democratic National Convention that used epithets, slurs, and violent language.

Applying the two-step Pickering framework, the panel affirmed the district court’s conclusion that Thompson made out a prima facie First Amendment retaliation claim for private speech he made on a matter of public concern. The panel assumed, without deciding, that a reasonable jury could conclude that placing Thompson on paid administrative leave could constitute an adverse employment action and that the record supported a finding that the Facebook post was a substantial or motivating factor in that decision. However, CVSD sufficiently showed a reasonable prediction of disruption under Pickering Step Two. CVSD’s interest in creating a safe and inclusive school environment outweighed the public interest commentary contained in Thompson’s speech.

Because Thompson’s First Amendment rights were not violated, the panel affirmed the district court’s finding of qualified immunity in favor of the individual school officials.

https://cdn.ca9.uscourts.gov/datastore/opinions/2025/12/29/24-5263.pdf