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JOHNSON v. DALLAS INDEPENDENT SCHOOL DIST.

No. 93-1214.

38 F.3d 198 (1994)

Andrew JOHNSON, Individually and as heir to and/or personal representative of the estate of Andrew Gaston, his deceased son, Plaintiff-Appellant, v. DALLAS INDEPENDENT SCHOOL DISTRICT and Donnie Breedlove, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 14, 1994.

Attorney(s) appearing for the Case

Joann N. Wilkins, Richard F. Werstein, Burford & Ryburn, L.L.P., Dallas, TX, for appellant.

Dennis J. Eichelbaum, Leonard J. Schwartz, Schwartz & Eichelbaum, Dallas, TX, for appellees.

Before GOLDBERG, JONES and DUHÉ, Circuit Judges:

EDITH H. JONES, Circuit Judge:

Andrew Gaston's last moments on earth were passed in the hallway at A. Maceo Smith High School in Dallas, Texas. He was hit in the head by a stray bullet shot during a melee instigated by the killer, non-student Drumestic Contreal Brown. The question before this court is whether Gaston had either (1) a constitutional right not to be placed in danger of deadly violence while at school or (2) a more general constitutional right to some...

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