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Reinhardt v. Albuquerque Public Schools Board of Education

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Before TACHA, HOLLOWAY, and KELLY, Circuit Judges.

Plaintiff-Appellant Janet Reinhardt appeals from the grant of summary judgment on both her Rehabilitation Act and First Amendment retaliation claims. On appeal, Ms. Reinhardt makes three major claims which, she argues, require reversal of the district court’s orders. Ms. Reinhardt contends that: (1) the district court incorrectly ruled that her protected speech-filing a state level complaint-was made pursuant to her official job duties rather than as a private citizen; (2) the district court erred in finding that she had not shown a materially adverse employment action; and (3) the district court erred in concluding that Defendant met its burden in coming forth with a legitimate, nondiscriminatory reason for its action or that Ms. Reinhardt had not met her burden in establishing a genuine issue as to pretext. Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse.

 
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