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HARRIS v. VICTORIA INDEPENDENT SCHOOL DIST.

No. 97-41015.

168 F.3d 216 (1999)

Dwight HARRIS; Gene Martin, Plaintiffs-Appellants, v. VICTORIA INDEPENDENT SCHOOL DISTRICT; Paul Kornfuehrer, in his official and individual capacities; Clay Cain, in his official and individual capacities; Ivan Green, in his official and individual capacities; Randy Pollard, in his official and individual capacities; Margaret Easley, in her official capacity only; Reuban Murray, in his official capacity only; Theresa Guitierrez, in her official capacity only; Robert P Brezina, in his official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 4, 1999.

Attorney(s) appearing for the Case

Martha Powell Owen, Austin, TX, for Plaintiffs-Appellants.

Arturo Gabriel Michel, Philip D. Fraissinet, Bracewell & Patterson, Houston, TX, for Victoria Independent School Dist., Easley, Murray and Guitierrez.

Roger D. Hepworth, Virgil Jay Youngblood, Henslee, Fowler & Hepworth, Austin, TX, for Kornfuehrer, Cain, Green, Pollard and Brezina.

Mark Craig Rains, Victoria, TX, for Brezina.

Before SMITH, DUHÉ and WIENER, Circuit Judges.

DUHÉ, Circuit Judge:

This appeal arises from the reprimand and transfer of two teachers at Victoria High School ("VHS"), Dwight Harris and Gene Martin (collectively "Plaintiffs"), as a result of their speech at a December 8, 1995 committee meeting. Robert Brezina, Superintendent of the Victoria Independent School District ("VISD"), reprimanded the Plaintiffs and transferred them to different campuses during the 1994-95 school year because of their speech. After...

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