NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RUTH ANN CONDE CHEESMAN, 

Plaintiff-Appellant, 

 v. 

ELLENSBURG SCHOOL DISTRICT; et 

al., 

Defendants-Appellees.

No. 20-35214 

D.C. No. 1:18-cv-03218-SAB 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of Washington

Stanley A. Bastian, District Judge, Presiding

Submitted March 16, 2021

**

Before: GRABER, R. NELSON, and HUNSAKER, Circuit Judges.

Ruth Ann Conde Cheesman appeals pro se from the district court’s summary 

judgment in her action alleging federal and state law claims. We have jurisdiction 

under 28 U.S.C. § 1291. We review de novo. Mabe v. San Bernardino Cty., Dep’t 

of Pub. Soc. Servs., 237 F.3d 1101, 1106 (9th Cir. 2001). We affirm.

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

MAR 22 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-35214 

The district court properly granted summary judgment for Ellensburg School 

District because Cheesman failed to raise a genuine dispute of material fact as to 

whether any policy or custom of the school district caused her to suffer 

constitutional injuries. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694

(1978) (municipal liability under § 1983 requires execution of policy or custom 

that inflicts plaintiff’s constitutional injury).

The district court properly granted summary judgment for the individual

defendants because Cheesman failed to raise a triable dispute as to any of her 

claims. See Fed. R. Civ. P. 56(c) (setting forth evidentiary support required in 

opposing a motion for summary judgment); Crowe v. County of San Diego, 608 

F.3d 406, 440 (9th Cir. 2010) (a conspiracy claim requires the existence of an 

agreement or meeting of the minds to violate constitutional rights); Jones v. 

Williams, 297 F.3d 930, 934 (9th Cir. 2002) (liability under § 1983 requires 

showing of personal participation in the alleged rights deprivation); Swank v. 

Valley Christian Sch., 398 P.3d 1108, 1120 (Wash. 2017) (defining gross 

negligence under Washington law); Lyons v. U.S. Bank Nat’l Ass’n, 336 P.3d 

1142, 1151 (Wash. 2014) (setting forth elements of an intentional infliction of 

emotional distress claim under Washington law); see also Kirkpatrick v. County of 

Washoe, 843 F.3d 784, 790 (9th Cir. 2016) (in context of removal of child from 

parental custody, Fourth Amendment right to be free from unreasonable, 
3 20-35214 

warrantless seizure by government officials belongs to the child, not the parent).

We reject as unpersuasive Cheesman’s contentions that the district court 

violated her Sixth Amendment rights, her right to a jury trial, and her due process 

rights.

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief, or arguments raised for the first time on appeal. See Padgett 

v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Cheesman’s request to submit supplemental exhibits, set forth in the reply 

brief, is denied.

AFFIRMED.