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RIVERA v. HOUSTON INDEPENDENT SCHOOL DIST.

No. 03-20098.

349 F.3d 244 (2003)

Andres Avila RIVERA; Ana Maria Avila, Individually, and on Behalf of the Estate of Samuel Avila, Plaintiffs-Appellants, v. HOUSTON INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 7, 2003.

Attorney(s) appearing for the Case

David W. Showalter, Bellaire, TX, Tracy J. Willi (argued), Willi Law Firm, Austin, TX, for Plaintiffs-Appellants.

Jeffrey A. Davis (argued), Ellen Beth Huchital, McGinnis, Lochridge & Kilgore, Houston, TX, Carlos R. Soltero, McGinnis, Lochridge & Kilgore, Austin, TX, for Defendant-Appellee.

Before JOLLY, SMITH and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

The parents of a stabbing victim at a middle school brought this § 1983 action alleging the school district violated their son's due process rights by creating the danger that led to his death. The district court granted summary judgment in favor of the defendants. We AFFIRM.

I

Eighth grader Samuel Avila ("Avila") was killed by seventh grader Estanislao Balderas ("Balderas") during a fight at James S. Deady Middle...

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