Episode 9: Diei v. Boyd
Diei v. Boyd, argued before Judges Joan L. Larsen, Chad A. Readler, and Stephanie Dawkins Davis in the U.S. Court of Appeals for the Sixth Circuit on May 2, 2024
Statement of the Issues, from the Appellant’s Opening Brief:
1. The First Amendment bars public university officials from punishing students for their protected speech under the guise of professionalism policies. Defendants investigated and voted to expel Plaintiff Kimberly Diei under the College of Pharmacy’s professionalism policy because of her pseudonymous posts about social and cultural issues on her personal social media accounts. Did the district court err by concluding that Defendants did not violate the First Amendment?
2. Viewpoint discrimination is a long-settled and egregious First Amendment violation. Defendants admit they punished Diei because they disapproved of the “sexual” and “vulgar” views she expressed on her personal social media. Did the district court err by granting Defendants qualified immunity for retaliating against Diei’s protected speech?
3. Claims for retrospective declaratory relief continue to present a live controversy so long as they are tied to a claim for damages. Diei’s claims for retrospective declaratory relief are tied to her damages claims because they arise out of Defendants’ same course of unconstitutional conduct. Did the district court err by concluding that Diei’s claims for declaratory relief are moot?
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