United States Fifth Circuit

In an action by plaintiff who was denied a position at a public school because she sent her children to private school, the school superintendent is not eligible for qualified immunity because no reasonable official could conclude that application of the district's public-school patronage policy to plaintiff was constitutional.

Appellate Information

• Decided 06/02/2003
• Published 06/02/2003

Judges

• REAVLEY, Circuit Judge:, Before KING, Chief Judge, and REAVLEY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• William Charles Bundren (argued), Wm. Charles Bundren & Associates, Frisco, TX, Kelly J. Shackelford, Liberty Legal Institute, Plano, TX, for Plaintiff-Appellant., Robert Freedman, Institute for Justice, Washington, DC, for Institute for Justice and Council for Am. Private Educ., Amici Curiae., Gregory S. Baylor, Christian Legal Soc., Ctr. for Law & Religious Freedom, Annandale, VA, for Christian Legal Soc., Christian Educators Ass'n Intern. and Ethics and Religious Liberty Com'n, Amici Curiae., Steven W. Fitschen, Nat. Legal Foundation, Virginia Beach, VA, for National Legal Foundation, Amicus Curiae., Eric W. Schulze, Walsh, Anderson, Brown, Schulze & Aldridge, Austin, TX, for Texas Ass'n of Sch. Boards Legal Assistance Fund, Amicus Curiae.


• For Appellees:
  
• Thomas Phillip Brandt (argued), Robert Harris Fugate, Stephen Douglas Henninger, Nellie Gomez Hooper, Fanning, Harper & Martinson, Dallas, TX, for Defendant-Appellee.