Brinsdon v. McAllen I.S.D.

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Plaintiff filed suit alleging that defendants violated her constitutional rights when she was required to participate in a mock performance of the Mexican Pledge of Allegiance. The district court entered summary judgment on some of plaintiff's claims and, after trial, entered judgment as a matter of law for defendants. The court concluded that, because plaintiff has graduated from high school, her only surviving claim is for nominal damages arising from the alleged violation of her rights; plaintiff failed to demonstrate the existence of an official policy or that the District had knowledge of the assignment, and thus judgment as a matter of law was proper for the District on municipal liability for any constitutional violation that may have arisen from the assignment or subsequent actions; the court's ruling also applies to the claims against the District for retaliation and violation of Equal Protection; qualified immunity was properly granted to Defendants Santos and Cavazos on the claim they violated plaintiff's First Amendment rights when they removed plaintiff from class; and, likewise, plaintiff's equal protection claim fails. Accordingly, the court affirmed the judgment. View "Brinsdon v. McAllen I.S.D." on Justia Law