Legal Opinion

Rivera v. Houston Independent School District

Court of Appeals for the Fifth Circuit

Decided November 11, 2003No. 03-20098PublishedCited by 256 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

The parents of a stabbing victim at a middle school brought this § 1988 action alleging the school district violated then-son’s due process rights by creating the danger that led to his death. The district court granted summary judgment in favor of the defendants. We AFFIRM.

I

Eighth grader Samuel Avila (“Avila”) was killed by seventh grader Estanislao Balderas (“Balderas”) during a fight at James S. Deady Middle School (“Deady”) in Houston. Balderas stabbed Avila with a screwdriver he brought to Deady in violation of school policy. The fight was apparently gang…

2Cases cited18 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
  3. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
  4. City of St. Louis v. PraprotnikSupreme Court of the United States · 1988
  5. Jett v. Dallas Independent School DistrictSupreme Court of the United States · 1989

13 more not listed; retrieve them via the Exa API.

3Cited by256 opinions

  1. Bustos v. Martini Club, Inc.Court of Appeals for the Fifth Circuit · 2010
  2. Doe Ex Rel. Magee v. Covington County School DistrictCourt of Appeals for the Fifth Circuit · 2012
  3. Rios v. City of Del Rio TXCourt of Appeals for the Fifth Circuit · 2006
  4. Armstrong v. AshleyCourt of Appeals for the Fifth Circuit · 2023
  5. Davis v. Tarrant County, Tex.Court of Appeals for the Fifth Circuit · 2009

251 more not listed; retrieve them via the Exa API.

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