United States Fifth Circuit

In an action alleging that defendant elementary school officials banned the distribution of religious materials, resulting in "religious viewpoint discrimination in violation of clearly established law", a denial of defendants' motion to dismiss based on qualified immunity is affirmed where the First Amendment protected elementary school students from religious-viewpoint discrimination.

Appellate Information

• Decided 06/30/2010
• Published 07/01/2010

Judges

• Jennifer Walker Elrod

Court

• United States Fifth Circuit

Counsel