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MEYER v. AUSTIN INDEPENDENT SCHOOL DIST.

No. 97-50561.

161 F.3d 271 (1998)

Ted MEYER, Individually and as Next Friend for Carolyn Preciado, A Minor; Rosemary Meyer, Individually and as Next Friend for Carolyn Preciado, A Minor; Harold Robbins, Individually and as Next Friend for Linda Rosales, now known as Linda Quiroz, A Minor; Linda Robbins, Individually and as Next Friend for Linda Rosales, now known as Linda Quiroz, A Minor; Pedro R. Aguirre, Individually and as Next Friend for Angelica Aguirre, A Minor; Sylvia Martinez, Individually and as Next Friend for Aglae Martinez, A Minor; Jesse Martinez, Individually and as Next Friend for Aglae Martinez, A Minor; Herminia Larios, Parent of Sarah Ramirez; Sarah Ramirez, Plaintiffs-Appellees, v. AUSTIN INDEPENDENT SCHOOL DISTRICT; Kent Ewing, Principal, Bowie High School, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 16, 1998.

Attorney(s) appearing for the Case

Charles O. Grigson, Austin, TX, for Plaintiffs-Appellees.

Ann Clarke Snell, Kevin Wayne Cole, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, TX, for Defendants-Appellants.

Before KING, GARWOOD and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Students in a Travis County, Texas, high school alleged that school administrators illegally denied them procedural due process by suspending them for gang-related activity. The magistrate judge presiding by consent refused to grant summary judgment for the school principal on the basis of qualified immunity. Given our limited jurisdiction on this interlocutory appeal, we affirm.

I

Five minor students and their...

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