Foley v. University of Houston System

HUDSPETH, District Judge:

This Court’s opinion, 324 F.3d 310 (5th Cir.2003), is hereby withdrawn, and the following opinion is substituted.

In this interlocutory appeal, the Appellants request reversal of a district court decision rejecting their claims to qualified immunity. In reaching a decision, we are required to determine the availability of a retaliation cause of action under 42 U.S.C. § 1981,the applicability of the defense of qualified immunity to such a claim, and whether the Appellees are entitled to that defense under the facts as determined by the district court. In the case of one…