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MORGAN v. PLANO INDEPENDENT SCHOOL DIST.

No. 12-40493.

724 F.3d 579 (2013)

Doug MORGAN; Robin Morgan; Jim Shell; Sunny Shell; Sherrie Versher; Christine Wade, Plaintiffs-Appellees v. PLANO INDEPENDENT SCHOOL DISTRICT, Defendant-Appellant

United States Court of Appeals, Fifth Circuit.

July 26, 2013.

Attorney(s) appearing for the Case

William Charles Bundren, Esq. (argued), Wm Charles Bundren & Associates, Frisco, TX, Jeffrey Carl Mateer , General Counsel, Hiram S. Sasser, Esq. , Liberty Legal Institute, Piano, TX, Clyde Moody Siebman , Siebman, Burg, Phillips & Smith, L.L.P., Sherman, TX, for Plaintiff-Appellees.

Charles J. Crawford , Director (argued), Richard M. Abernathy, Esq. , Abernathy, Roeder, Boyd & Joplin, P.C., McKinney, TX, for Defendant-Appellant.

Before KING, DAVIS, and ELROD, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge.

In this appeal, Plano Independent School District ("PISD") argues that the Texas Religious Freedom Restoration Act's ("TRFRA") pre-suit notice requirement is a jurisdictional prerequisite to suit and that because Plaintiffs did not strictly comply by sending a letter certified mail, return receipt requested, PISD's governmental immunity has not been waived. Finding that compliance with the pre-suit notice requirement is jurisdictional...

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