United States Fifth Circuit

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Barrow v. Greenville Indep. Sch. Dist., 05-11151

Summary judgment to a school district on a teacher's 42 U.S.C. section 1983 and Title VII disparate impact claims is affirmed where: 1) the district court correctly held that the superintendent of defendant-school district did not act as a policymaker for the district in refusing to recommend a teacher for promotion; and 2) the evidence supported a conclusion that superintendent did not recommend plaintiff because her children were not attending the public schools, not because her children were attending a religious school.

Appellate Information

  • Decided 02/26/2007
  • Published 02/27/2007


  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • William Charles Bundren (argued), Wm. Charles Bundren & Associates, Frisco, TX, for Barrow.

  • For Appellees:
  • Dennis J. Eichelbaum (argued), Janice Shelton Parker, Schwartz & Eichelbaum, Frisco, TX, Cobby A. Caputo, Schwartz & Eichelbaum, Austin, TX, Thomas Phillip Brandt, Fanning, Harper & Martinson, Dallas, TX, for Defendant-Appellee.