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MORGAN v. SWANSON

No. 13-40433.

755 F.3d 757 (2014)

Doug MORGAN, Plaintiff-Appellant v. Lynn SWANSON, in her individual capacity and as Principal of Thomas Elementary School, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 3, 2014.

Attorney(s) appearing for the Case

Allyson Newton Ho (argued), Morgan, Lewis & Bockius, L.L.P., Dallas, TX, William Charles Bundren, Esq. , Wm Charles Bundren & Associates, Frisco, TX, for Plaintiff-Appellant.

Thomas Phillip Brandt (argued), Joshua Alan Skinner , Fanning Harper Martinson Brandt & Kutchin, P.C., Dallas, TX, Charles J. Crawford , Director, Abernathy, Roeder, Boyd & Joplin, P.C., McKinney, TX, for Defendant-Appellee.

Before BENAVIDES, CLEMENT, and GRAVES, Circuit Judges.

PER CURIAM:

The per curiam opinion dated April 2, 2014 is withdrawn and the following per curiam is substituted in its place. The separate writings of Judges Benavides and Clement are unchanged and are refiled herewith.

Plaintiff-Appellant Doug Morgan appeals a dismissal in which the district court granted qualified immunity to an elementary school principal who did not allow him to distribute religious material to other

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