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KEYSER v. SACRAMENTO CITY U.S.D.

No. 99-17562.

238 F.3d 1132 (2001)

Lily Keyser; Maria Sofia Robledo; Richard M. Cisneros, Plaintiffs-Appellants, v. Sacramento City Unified School District, a public entity; and James Sweeney, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 7, 2001.

Attorney(s) appearing for the Case

Matthew J. Smith, Wilke, Fleury, Hoffelt, Gould & Birney, Sacramento, California, for the plaintiffs-appellants.

Michael W. Pott, Porter, Scott, Weiberg & Delehant, Sacramento, California, for the defendants-appellees.

Before: Betty B. Fletcher, Diarmuid F. O'Scannlain, and Ronald M. Gould, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Dissent by Judge BETTY B. FLETCHER.

O'SCANNLAIN, Circuit Judge:

We must decide whether a public employee has qualified immunity from suit for allegedly retaliating against subordinates who accused him of illegally using federal money.

I

The Sacramento City Unified School District ("District") has a total kindergarten through twelfth grade enrollment of approximately 50,000 students. Defendant Jim Sweeney was...

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