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MEYER v. AUSTIN INDEPENDENT SCHOOL DIST.

No. 97-50561.

167 F.3d 887 (1999)

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.

February 10, 1999.

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, Chief Judge, and GARWOOD and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The appellants seek rehearing, contending we held that a principal would "lose qualified immunity simply because he mistakenly assumes that a parent's defense of his or her child reflects the child's side of the story," and that "if a school administrator gives a parent an opportunity to defend his or her child, but later the child contends he or she would have told a different story, that school administrator will be personally...

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