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DOE v. RAINS COUNTY INDEPENDENT SCHOOL DIST.

No. 94-41113.

66 F.3d 1402 (1995)

John DOE and Jane Doe, as Next Friend of Sarah Doe, Plaintiffs-Appellees, v. RAINS COUNTY INDEPENDENT SCHOOL DISTRICT, et al., Defendants, Dana White, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 31, 1995.

Attorney(s) appearing for the Case

Thomas P. Brandt, Sharis L. Hauder, Fanning, Harper & Martinson, Dallas, TX, Paul M. Boyd, Foley & Boyd, P.C., Tyler, TX, for appellants.

Derrell Anthony Coleman, Austin, TX, for amicus curiae, Texas Classroom Teachers "TCTA".

David M. Feldman, Richard A. Morris, Feldman & Associates, Houston, TX, for amicus, the Texas Association of School Boards, et al.

Pam Parker Knight, Austin, TX, for amicus, Association of Texas Professional Educators.

Deboron B. Junek, Augustus William Arnold, III, Benton Barton, Gwin & Roby, Dallas, TX, for appellees.

Before REYNALDO G. GARZA, KING and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal arises from yet another tragic instance of a high school coach's alleged sexual abuse of a student. It brings a difficult issue testing limits of federal judicial authority: whether a school teacher's breach of a state-law duty to report child abuse can, by itself, give rise to a federal claim against the teacher under 42 U.S.C. § 1983. The parents of Sarah Doe allege that Dana White, a school teacher, caused...

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