Doe v. Taylor Independent School Dist.

Decision Date18 March 1993
Docket NumberNo. 90-8431,90-8431
Citation987 F.2d 231
Parties81 Ed. Law Rep. 702 Jane DOE, Plaintiff-Appellee, v. TAYLOR INDEPENDENT SCHOOL DISTRICT, et al., Defendants, Mike Caplinger, in His Official Capacities and Eddy Lankford, in His Official and Individual Capacities, Defendants-Appellants.
CourtU.S. Court of Appeals — Fifth Circuit

Eric W. Schulze, Laurie Maniotis Rodriguez, Hairston, Walsh, Anderson, Underwood & Schulze, P.C., Austin, TX, for defendants-appellants.

Gwendolyn H. Gregory, August W. Steinhilber, Deputy Gen. Counsel, Nat'l School Boards Assoc., Alexandria, VA, for amicus-Nat'l School Boards Assoc.

David M. Feldman and Myra C. Schexnayder, Vinson & Elkins, L.L.P., Houston, TX, Brian D. East, Ellen Hahn, Daves, Hahn & Levy, Vella M. Fink, B. Craig Deats, Van Os, Deats, Rubinett & Owen, P.C., Austin, TX, for M. Caplinger and E. Lankford.

Appeal from the United States District Court for the Western District of Texas; Stephen H. Capelle, United States Magistrate Judge.

(Opinion October 2, 1992, 5 Cir., 1992, 975 F.2d 137)

Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, E. GARZA, and DeMOSS, Circuit Judges.

BY THE COURT:

A majority of the Judges in active service, on the Court's own motion, having determined to have this case reheard en banc,

IT IS ORDERED that this cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.

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12 cases
  • BMH BY CB v. School Bd.
    • United States
    • U.S. District Court — Eastern District of Virginia
    • September 23, 1993
    ...from sexually molesting students), cert. denied, ___ U.S. ___, 113 S.Ct. 1066, 122 L.Ed.2d 371 (1993), en banc reh'g granted, 987 F.2d 231 (5th Cir.1993); Accord D.T. v. Independent Sch. Dist. No. 16, 894 F.2d 1176 (10th Cir.1990); Stoneking v. Bradford Area Sch. Dist., 882 F.2d 720 (3rd Th......
  • Doe v. Petaluma City School Dist.
    • United States
    • U.S. District Court — Northern District of California
    • August 30, 1993
    ...denied sub nom., Caplinger v. Doe, ___ U.S. ___, 113 S.Ct. 1066, 122 L.Ed.2d 371 (1993), reh'g, en banc, granted, Doe v. Taylor Indep. Sch. Dist., 987 F.2d 231 (5th Cir.1993), a Fifth Circuit panel found that a school coach's molestation of a student violated her substantive due process rig......
  • Canty v. Old Rochester Regional School Dist.
    • United States
    • U.S. District Court — District of Massachusetts
    • June 21, 1999
    ...Shelby County Bd. of Educ., 76 F.3d 716 (6th Cir.1996). Although the Doe opinion cited was actually vacated, see Doe v. Taylor Indep. Sch. Dist., 987 F.2d 231 (5th Cir.1993), upon rehearing the Fifth Circuit again held that "bodily integrity is necessarily violated when a state actor sexual......
  • M.D. v. Perry
    • United States
    • U.S. District Court — Southern District of Texas
    • August 27, 2013
    ...relationship is created. Doe v. Taylor Indep. Sch. Dist., 975 F.2d 137, 146 (5th Cir. 1992) reh'g granted and opinion vacated, 987 F.2d 231 (5th Cir. 1993) and on reh'g, 15 F.3d 443 (5th Cir. 1994). DeShaney, which Griffith's logic is based on, is similar: the Court held that the State had ......
  • Request a trial to view additional results

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