Filed: Apr. 23, 1996
Latest Update: Mar. 02, 2020
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 95-10860 Summary Calendar BARBARA SANDERSON, As Next Friend of Brandi Sanderson, a Minor; SONIA JIMENEZ Plaintiffs - Appellants VERSUS ANSON INDEPENDENT SCHOOL DISTRICT; MIKE BROWN, Principal of Anson High School, Anson, Texas Defendants - Appellees Appeal from the United States District Court For the Northern District of Texas (1:95-CV-086-C) April 10, 1996 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:1 High
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 95-10860 Summary Calendar BARBARA SANDERSON, As Next Friend of Brandi Sanderson, a Minor; SONIA JIMENEZ Plaintiffs - Appellants VERSUS ANSON INDEPENDENT SCHOOL DISTRICT; MIKE BROWN, Principal of Anson High School, Anson, Texas Defendants - Appellees Appeal from the United States District Court For the Northern District of Texas (1:95-CV-086-C) April 10, 1996 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:1 High s..
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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 95-10860
Summary Calendar
BARBARA SANDERSON, As Next Friend of Brandi Sanderson,
a Minor; SONIA JIMENEZ
Plaintiffs - Appellants
VERSUS
ANSON INDEPENDENT SCHOOL DISTRICT; MIKE BROWN,
Principal of Anson High School, Anson, Texas
Defendants - Appellees
Appeal from the United States District Court
For the Northern District of Texas
(1:95-CV-086-C)
April 10, 1996
Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:1
High school seniors who confessed to shoplifting while on a
school-sponsored trip were disciplined by the principal. They were
not allowed to participate in graduation ceremonies (but did
receive their diplomas), not allowed to participate in a senior
awards ceremony and in another school-sponsored trip, and one was
removed from her position as a class officer. The students sued
1
Pursuant to Local Rule 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in Local Rule 47.5.4.
the principal and the school district in state court alleging
violations of the due process clause of the Fourteenth Amendment of
the United States Constitution and resultant causes of action under
§ 1983, and a defamation claim under Texas state law. After
removal, the district court granted defendants’ motion to dismiss
for failure to state a claim under Rule 12(b)6.
The students appeal and we affirm essentially for the reasons
stated by the district court. The students have failed to state
either a property or a liberty interest in mere participation in
school ceremonies or extra-curricular activities or in holding a
position as a class officer.
Before this Court, the students advance for the first time
equal protection claims. We do not address claims such as these
raised for the first time on appeal. Goff v. Taylor,
812 F.2d 931,
933 (5th Cir. 1987).
The state law defamation claim against the principal and the
district were properly dismissed as they are immune under Texas
law. Jones v. Houston Ind. School Dist.,
979 F.2d 1004 (5th Cir.
1992).
AFFIRMED.
2