Rivera v. Houston Independent School District
Court of Appeals for the Fifth Circuit
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
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
- DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
- City of St. Louis v. PraprotnikSupreme Court of the United States · 1988
- Jett v. Dallas Independent School DistrictSupreme Court of the United States · 1989
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