Appellate Attorney Blake Fry Prevails in Appeal for School District

Appellate attorney Blake Fry won an appeal for a school district on claims that its enforcement during the Covid-19 pandemic of an Oregon Health Authority masking requirement violated a student’s constitutional rights. In Standley v. Nelms, the Ninth Circuit held that the North Clackamas School District could not be liable for any claimed constitutional violations in enforcing the masking requirement because it had  been merely acting as directed by a state regulation. The court also held that school district employees had not violated the student’s substantive due process rights to “refuse unwanted medical treatment,” or his First Amendment rights against “compelled expression,” by requiring him to wear a mask in school.