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DOE v. HILLSBORO INDEPENDENT SCHOOL DIST.

No. 94-50709.

113 F.3d 1412 (1997)

John DOE, as Next Friend of Jane Doe, a Child, Plaintiff-Appellee, v. HILLSBORO INDEPENDENT SCHOOL DISTRICT, et al., Defendants, Larry Zabcik; James Maass; Teresa Davis; Norman Baker; Richard Sewall; Billy Sullins; Leon Murdoch, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 27, 1997.

Attorney(s) appearing for the Case

Steven Gregory White, McGregor & White, L.L.P., Waco, TX, for Plaintiff-Appellee.

Leonard J. Schwartz, Kelli Hamm Karczewski, Schwartz & Eichelbaum, Austin, TX, for Defendants-Appellants.

David M. Feldman, Richard Alan Morris, Feldman & Associates, Houston, TX, for amicus curiae.

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

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The custodian of the Hillsboro Independent School District raped a 14-year-old eighth grade student in an empty classroom. The student through her parents filed this lawsuit under 42 U.S.C. § 1983 asserting deprivations of constitutional rights and seeking money damages for this assault from the Hillsboro Independent School District, as well as its trustees and present and past superintendents in their individual capacities...

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