Morgan, et al. v. Plano Indep. Sch. Dist., et al., No. 13-40433 (5th Cir. 2014)
Annotate this CasePlaintiff filed suit against an elementary school principal who did not allow him to distribute religious material to other adults at his son's in-class winter party. On appeal, plaintiff challenged the district court's dismissal of his constitutional claim based on qualified immunity. The court found that plaintiff failed to establish that a right to distribute religious gifts was clearly established for the purpose of qualified immunity analysis. Accordingly, plaintiff's allegations were not sufficient to overcome the principal's qualified immunity defense. The district court did not address the actual constitutionality of the principal's conduct and the court concluded that it need not reach the question. The court affirmed the district court's judgment.
The court issued a subsequent related opinion or order on June 3, 2014.
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