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COGGIN v. LONGVIEW INDEPENDENT SCHOOL DIST.

No. 00-40731.

337 F.3d 459 (2003)

Randall COGGIN, Plaintiff-Appellee, v. LONGVIEW INDEPENDENT SCHOOL DISTRICT; et al., Defendants, Longview Independent School District, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 2, 2003.

Attorney(s) appearing for the Case

Andy Wade Tindel (argued), Provost, Umphrey, Youngdahl & Sadin, Charles H. Clark, Clark, Lea & Ainsworth, Tyler, TX, for Plaintiff-Appellee.

Eric W. Schulze (argued), JoAnn S. Wright, Walsh, Anderson, Brown, Schulze & Aldridge, Austin, TX, for Defendant-Appellant.

Denise Nance Pierce, Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, TX, for Texas Ass'n of School Boards Legal Assistance Fund, Amicus Curiae.

Paul Michael Shirk, Texas State Teachers Ass'n, Austin TX, for Texas State Teachers Ass'n, Amicus Curiae.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS and CLEMENT, Circuit Judges.

DENNIS, Circuit Judge:

Randall Coggin brought this action under 42 U.S.C. § 1983 against his former employer, a Texas independent school district, because its board of trustees terminated his employment contract without any kind of a hearing. After a bench trial, the district court rendered judgment in favor of Coggin. A divided panel of our court affirmed.1 A majority of the judges in active service voted to rehear the case en banc...

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