Brinsdon v. McAllen Independent School District, No. 15-40160 (5th Cir. 2017)
Annotate this CaseThe Fifth Circuit denied rehearing en banc, withdrew its prior opinion, and substituted this opinion. The court affirmed the district court's grant of summary judgment as a matter of law for defendants on plaintiff's claim that defendants violated her constitutional rights by requiring her to participate in a mock performance of the Mexican Pledge of Allegiance as an assignment for her Spanish class. The court held that, because plaintiff has graduated from high school, her only surviving claim was for nominal damages arising from the alleged violation of her rights; judgment as a matter of law was proper for the District on municipal liability claims for any constitutional violation that may have arisen from the assignment or subsequent actions, as well as claims against the District for retaliation and violation of equal protection; qualified immunity on compelled speech was properly granted for the Spanish teacher and the principal; and qualified immunity was properly granted to the teacher and principal on claims that they violated plaintiff's First Amendment rights by removing her from class.
This opinion or order relates to an opinion or order originally issued on August 9, 2016.
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