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DOE EX REL. MAGEE v. COVINGTON COUNTY SCHOOL DIST.

No. 09-60406.

675 F.3d 849 (2012)

Jane DOE, a Minor, By and Through Her Next Friends, Daniel MAGEE and Geneva Magee; Daniel Magee, Individually and on Behalf of Jane Doe; Geneva Magee, Individually and on Behalf of Jane Doe, A Minor, Plaintiffs-Appellants, v. COVINGTON COUNTY SCHOOL DISTRICT, by and through its Board of Education and its President, Andrew KEYS and its Superintendent of Education, I.S. Sanford, Jr.; Covington County Superintendent of Education, I.S. Sanford, Officially and in His Individual Capacity; Covington County Board of Education, By and Through its President, Andrew Keys; Andrew Keys, Officially and in His Individual Capacity; Tommy Keyes; Other Unknown John Doe and Jane Doe Education Defendants A-Z, In Their Official and Individual Capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 23, 2012.

Attorney(s) appearing for the Case

Christopher Eugene Fitzgerald (argued), Hendren, Hollingsworth & Fitzgerald, Ocean Springs, MS, Benjamin Geoffrey Harrison , B. Geoffrey Harrison, P.A., Biloxi, MS, for Plaintiffs-Appellants.

Rick D. Norton , Joseph A. O'Connell, III , William A. Whitehead, Jr . (argued), Bryan Nelson, P.A., Hattiesburg, MS, for Defendants-Appellees.

Liss A. Brown , Janet Little Horton , Thompson & Horton, L.L.P., Houston, TX, for Amici Curiae.

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, SMITH, WIENER, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, and HIGGINSON, Circuit Judges.

KING, Circuit Judge, joined by EDITH H. JONES, Chief Judge, E. GRADY JOLLY, W. EUGENE DAVIS, JERRY E. SMITH, EMILIO M. GARZA, BENAVIDES, CARL E. STEWART, EDITH BROWN CLEMENT, PRADO, OWEN, JENNIFER WALKER ELROD, LESLIE H. SOUTHWICK, HAYNES and GRAVES, Circuit Judges:

For the third time, the en banc court is called upon to decide whether a public school student has stated a constitutional claim against her school for its failure to protect her from harm inflicted by...

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