BREEN v. TEXAS A&M UNIVERSITY

Nos. 04-40712, 04-40713, 04-40714, 04-40715, 04-40780 and 04-40812.

485 F.3d 325 (2007)

Sean BREEN, as Administrator of the Estate of Christopher Breen; Christopher Breen; John E. Breen; Marian K. Breen, Plaintiffs-Appellants, v. TEXAS A&M UNIVERSITY; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, Defendants-Appellees. James Kimmel, as representative of the Estate of Lucas Kimmel (deceased); James Kimmel; Walieta Kimmel, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell J. Thompson, in his official capacity; Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; John J. Koldus, III, in his individual capacity, Defendants-Appellees. Bill Davis, Plaintiff-Appellant, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; John J. Koldus, III, in his individual capacity, Defendants-Appellees. Howard Scanlan; Denise Scanlan; Lauren N.T. Scanlan, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; John J. Koldus, II, in his individual capacity, Defendants-Appellees. John Andrew Comstock; Dixie Ann Zinneker, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen; William L. Kibler, in his individual capacity; John J. Koldus, III, in his individual capacity, Defendants-Appellees. Jaquelynn Kay Self, Individually and as Administratrix of the estate of Jerry Don Self, Deceased; Kathy McClain Escamilla, Individually and as Administratrix of the Estate of Bryan A. McClain, Deceased; Phillip McClain, Andrea Heard, Individually and as Administratrix of the Estate of Christopher Lee Heard, Deceased; Leslie G. Heard; Gregory Anthony Powell, Individually and as Administrator of the Estate of Chad A. Powell, Deceased; Beverly Jill Powell; Matthew Lynn Robbins; Dominic M.V. Braus; Nancy Braus, Plaintiffs-Appellants, v. Ray M. Bowen; J. Malon Southerland; William Kibler; Russell W. Thompson; John J. Koldus, III; M.T. Hopgood, Jr., Major General; Donald J. Johnson; Zack Coapland; Kevin Jackson; James R. Reynolds; Robert Harry Stiteler, Jr.; Michael David Krenz, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 24, 2007.


Attorney(s) appearing for the Case

Steven K. DeWolf (argued), Staci C. Pirnar, Haakon Thomas Donnelly, Bellinger, McManemin, DeWolf, Dallas, TX, for Sean Breen, Christopher Breen, John E. Breen and Marian K. Breen.

James C. Todd, Asst. Atty. Gen., General Litigation Div., Bill L. Davis, Rance Lamar Craft, Ryan D. Clinton, Austin, TX, for Texas A&M University, J. Malon Southerland, Russell Thompson and Ray Bowen.

R. Ted Cruz (argued), Austin, TX, for J. Malon Southerland, Russell Thompson and Ray Bowen.

George E. Hyde, Denton, Navarro, Rocha & Bernal, San Antonio, TX, for Texas Ass'n of Counties, Amicus Curiae.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.


DENNIS, Circuit Judge:

These consolidated appeals arise out of the violent collapse of the Texas A&M University bonfire stack on November 18, 1999, which killed 12 students and injured 27 others. In these appeals, plaintiffs seek to overturn the district court's grant of summary judgment under Federal Rule of Civil Procedure 56 dismissing their 42 U.S.C. § 1983 claims against University officials for damages resulting from that tragic event. In previous appeals...

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