United States Fifth Circuit

In 42 U.S.C. section 1983 claims for damages arising out of the collapse of the Texas A&M University bonfire stack which killed or injured numerous students, summary judgment for university officials is affirmed where, although there was a genuine issue of material fact as to whether there was a violation of a constitutional right by state officials under the state-created danger theory, defendants were entitled to qualified immunity from suit as the state-created danger theory was not clearly established law in the Fifth Circuit on November 18, 1999.

Appellate Information

• Decided 04/24/2007
• Published 04/25/2007

Judges

• DENNIS, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Steven K. DeWolf (argued), Staci C. Pirnar, Haakon Thomas Donnelly, Bellinger, McManemin, DeWolf, Dallas, TX, for Sean Breen, Christopher Breen, John E. Breen and Marian K. Breen., Jeffrey H. Kobs, Kobs & Haney, Fort Worth, TX, for Nancy Braus, Dominic Braus, Matthew Lynn Robbins, Leslie G. Heard, Andrea Heard, Phillip McClain, Kathy McClain Escamilla, and Jacquelynn Kaye Self, in No. 04-40812., James C. Todd, Asst. Atty. Gen., General Litigation Div., Bill L. Davis, Rance Lamar Craft, Ryan D. Clinton, Austin, TX, for Texas A&M University, J. Malon Southerland, Russell Thompson and Ray Bowen., R. Ted Cruz (argued), Austin, TX, for J. Malon Southerland, Russell Thompson and Ray Bowen., George E. Hyde, Denton, Navarro, Rocha & Bernal, San Antonio, TX, for Texas Ass'n of Counties, Amicus Curiae.