Appeal from the United States District Court for the Western District of Tennessee at Memphis.
No. 2:21-cv-02071—John Thomas Fowlkes, Jr., District Judge.
Argued: May 2, 2024
Decided and Filed: September 17, 2024
Before: LARSEN, READLER, and DAVIS, Circuit Judges.
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OPINION
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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. |