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DOE v. TAYLOR INDEPENDENT SCHOOL DIST.

No. 90-8431.

15 F.3d 443 (1994)

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.

United States Court of Appeals, Fifth Circuit.

March 3, 1994.

Attorney(s) appearing for the Case

Gwendolyn H. Gregory, Deputy Gen. Counsel, August W. Steinhilber, Nat. School Brds. Assoc., Alexandria, VA, for amicus curiae, Nat. School Brd. Assoc.

Myra Schexnayder, Vinson & Elkins L.L.P., David M. Feldman, Feldman & Rosenberg, Houston, TX, for M. Caplinger and E. Lankford.

Patricia Ahearn, Dir. of Leg. Servs., Austin, TX, for amicus curiae, TX Assoc. of Schl. Brds.

Ellen Hahn, Brian D. East, Daves, Hahn & Levy, Vella M. Fink, B. Craig Deats, Van Os & Owen, Austin, TX, for Jane Doe.

Before POLITZ, Chief Judge, GOLDBERG, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

E. GRADY JOLLY and W. EUGENE DAVIS, Circuit Judges:

Jane Doe was sexually molested by her high school teacher in Taylor, Texas. Defendant Eddy Lankford, principal of Taylor High, and defendant Mike Caplinger, superintendent of the Taylor Independent School District, were sued in their supervisory capacity by Jane Doe for permitting violations of her substantive due process right to bodily integrity. The district court denied their claim of qualified immunity, and...

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