KIMBERLY DIEI v. RANDY BOYD, et al. - Articles

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KIMBERLY DIEI v. RANDY BOYD, et al.

Posted by: Azya Thornton on Sep 17, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Greg H. Greubel, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, Philadelphia, Pennsylvania, for Appellant.

Attorneys 2: ARGUED: Caitlyn Luedtke Elam, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellees.

Attorneys 3: ON BRIEF: Greg H. Greubel, Katlyn A. Patton, JT Morris, Paul A. Ruiz, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, Philadelphia, Pennsylvania, for Appellant.

Attorneys 4: ON BRIEF: Caitlyn Luedtke Elam, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellees.

Attorneys 5: ON BRIEF: Jennifer Safstrom, VANDERBILT LAW SCHOOL, Nashville, Tennessee, for Amicus Curiae.

Judge(s): LARSEN, READLER, and DAVIS, Circuit Judges

Court Appealed: United States District Court for the Western District of Tennessee at Memphis

CHAD A. READLER, Circuit Judge. While enrolled in pharmacy school, Kimberly Diei was the subject of professionalism complaints regarding her social media posts. Following an investigation, a committee at the school voted to expel Diei. She responded by filing suit under 42 U.S.C. § 1983, primarily asserting violations of the First Amendment. The district court dismissed Diei’s complaint. Because she plausibly alleged a free speech violation, we reverse in part and remand.

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