Legal Opinion

Breen v. Texas A&M University

Court of Appeals for the Fifth Circuit

Decided April 24, 2007No. 04-40712, 04-40713, 04-40714, 04-40715, 04-40780 and 04-40812PublishedCited by 1 opinion

1Opinion of the Court

DENNIS, Circuit Judge:

These consolidated appeals arise out of the violent collapse of the Texas A&M University bonfire stack on November 18, 1999, which killed 12 students and injured 27 others. In these appeals, plaintiffs seek to overturn the district court’s grant of summary judgment under Federal Rule of Civil Procedure 56 dismissing their 42 U.S.C. § 1983 claims against University officials for damages resulting from that tragic event. In previous appeals, a panel of this court, in Scanlan v. Texas A&M University, 343 F.3d 533 (5th Cir.2003), reversed the district court’s dismissal of…

2Cases cited44 opinions

Neitzke v. WilliamsSupreme Court of the United States · 1989
Harlow v. FitzgeraldSupreme Court of the United States · 1982
Anderson v. CreightonSupreme Court of the United States · 1987
Daniels v. WilliamsSupreme Court of the United States · 1986
County of Sacramento v. LewisSupreme Court of the United States · 1998

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3Cited by1 opinion

Sean Breen, as Administrator of the Estate of Christopher Breen Christopher Breen John E. Breen Marian K. Breen v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, James Kimmel, as Representative of the Estate of Lucas Kimmel (Deceased) James Kimmel Walieta Kimmel v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell J. Thompson, in His Official Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Bill Davis v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Howard Scanlan Denise Scanlan Lauren N.T. Scanlan v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Ii, in His Individual Capacity, John Andrew Comstock Dixie Ann Zinneker v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Jaquelynn Kay Self, Individually and as Administratrix of the Estate of Jerry Don Self, Deceased Kathy McClain Escamilla, Individually and as Administratrix of the Estate of Bryan A. McClain Deceased Phillip McClain Andrea Heard, Individually and as Administratrix of the Estate of Christopher Lee Heard, Deceased Leslie G. Heard Gregory Anthony Powell, Individually and as Administrator of the Estate of Chad A. Powell, Deceased Beverly Jill Powell Matthew Lynn Robbins Dominic M v. Braus Nancy Braus v. Ray M. Bowen J. Malon Southerland William Kibler Russell W. Thompson John J. Koldus, III M.T. Hopgood, Jr., Major General Donald J. Johnson Zack Coapland Kevin Jackson James R. Reynolds Robert Harry Stiteler, Jr. Michael David KrenzCourt of Appeals for the Fifth Circuit · 2007