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HARRIS v. VICTORIA INDEPENDENT SCHOOL DIST.

No. 97-41015.

336 F.3d 343 (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 independent capacities; Ivan Green, in his official and independent capacities; Randy Pollard, in his official and independent 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.

July 6, 1999.

Attorney(s) appearing for the Case

Martha Powell Owen, Wiseman, Durst, Tuddenham & Owen, Austin, TX, for Plaintiffs-Appellants.

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

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

Mark Craig Rains, Mark C. Rains & Associates, Victoria, TX, for Brezina.

Before SMITH, DUHÉ, and WIENER, Circuit Judges.

ON PETITIONS FOR REHEARING AND REHEARING EN BANC

PER CURIAM:

The Petition for Rehearing is DENIED and no member of this panel nor judge in regular active service on the court having requested that the court be polled on Rehearing En Banc, (FED. R. APP. P. AND 5TH CIR. R. 35) the Petitions for Rehearing En Banc are also DENIED.

We reiterate that a reasonable school official involved in the factual scenario of this case would know it is unconstitutional...

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