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BARROW v. GREENVILLE INDEPENDENT SCHOOL DIST.

No. 02-10351.

332 F.3d 844 (2003)

Karen Jo BARROW, Plaintiff-Appellant, v. GREENVILLE INDEPENDENT SCHOOL DISTRICT, et al., Defendants, Herman Smith, Dr., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 2, 2003.

Attorney(s) appearing for the Case

William Charles Bundren (argued), Wm. Charles Bundren & Associates, Frisco, TX, Kelly J. Shackelford, Liberty Legal Institute, Plano, TX, for Plaintiff-Appellant.

Thomas Phillip Brandt (argued), Robert Harris Fugate, Stephen Douglas Henninger, Nellie Gomez Hooper, Fanning, Harper & Martinson, Dallas, TX, for Defendant-Appellee.

Robert Freedman, Institute for Justice, Washington, DC, for Institute for Justice and Council for Am. Private Educ., Amici Curiae.

Gregory S. Baylor, Christian Legal Soc., Ctr. for Law & Religious Freedom, Annandale, VA, for Christian Legal Soc., Christian Educators Ass'n Intern. and Ethics and Religious Liberty Com'n, Amici Curiae.

Steven W. Fitschen, Nat. Legal Foundation, Virginia Beach, VA, for National Legal Foundation, Amicus Curiae.

Eric W. Schulze, Walsh, Anderson, Brown, Schulze & Aldridge, Austin, TX, for Texas Ass'n of Sch. Boards Legal Assistance Fund, Amicus Curiae.

Before KING, Chief Judge, and REAVLEY and STEWART, Circuit Judges.

REAVLEY, Circuit Judge:

Karen Jo Barrow claims that she was denied a public-school position because her children attended private school, an alleged violation of her constitutional right to educate her children in private school. The district court rendered summary judgment for the school superintendent, Dr. Herman Smith, on the ground of qualified immunity, and certified it as final.1 We reverse.

BACKGROUND

Barrow was...

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