Aminta Flores, Cross-Appellants v. Edinburg Consolidated Independent School District, Cross-Appellees

GARZA, Circuit Judge,

specially concurring:

Although Judge Higginbotham presents an excellent argument for the proposition that the Texas law of res judicata precludes the section 1983 action before us, I disagree with the majority’s interpretation of Texas law and believe that the Texas courts would not find appellee’s claim precluded. Although I concur in the result reached by the majority, I would reverse this case on the merits because the appellee failed to establish that his section 1983 claim occurred as a result of an official policy, custom, or usage of the school district.1…