Doe Ex Rel. Magee v. Covington County School District
2012 U.S. App. LEXIS 6080
5th Cir.2012Background
- Jane Doe, a nine-year-old elementary student in Covington County, Mississippi, was repeatedly released from school to an unaffiliated adult (Tommy Keyes) on six occasions during the 2007-2008 school year under a check-out policy that did not verify identity or authorization.
- Keyes raped Jane after being released to him and returned her to school; the alleged policy allegedly facilitated access by unauthorized individuals.
- Plaintiffs asserted §1983 due process rights and state-law claims, arguing the school's policy and conduct violated Jane's safety from private violence.
- The district court dismissed federal claims as lacking a DeShaney special relationship and failed to state a constitutional claim under §1983; it declined to exercise supplemental jurisdiction over state-law claims.
- A panel reversed in part, concluding there was a DeShaney special relationship and possible liability, but en banc later held no special relationship and affirmed dismissal.
- The en banc court held that neither the DeShaney special-relationship theory, the state-created danger theory, nor Monell municipal liability supports recovery here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a DeShaney special relationship exists | Doe contends school custody created a duty to protect Jane | Education Defendants argue no special relationship with a public school student | No special relationship existed |
| Whether state-created danger applies | Plaintiffs assert the policy and conduct increased risk and were deliberate indifference | Court has not recognized state-created danger in this circuit | State-created danger theory not viable |
| Whether municipal liability under Monell is viable | Policy-caused constitutional violation via moving force | No underlying constitutional violation; no Monell liability | No municipal liability |
| Whether qualified immunity applies to the Education Defendants | Right to protection under DeShaney existed and was violated | If no violation, qualified immunity applies | Not reached due to absence of constitutional violation |
Key Cases Cited
- DeShaney v. Winnebago Cnty. Dep't of Soc. Servs., 489 F.3d 189 (Supreme Court 1989) (special relationship exception to DeShaney; state not liable for private violence absent custody)
- Walton v. Alexander, 44 F.3d 1297 (5th Cir. 1995) (en banc; public school student not in DeShaney special relationship)
- Doe v. Hillsboro Indep. Sch. Dist., 113 F.3d 1412 (5th Cir. 1997) (special relationship not recognized in public schools)
- Patel v. Kent Sch. Dist., 648 F.3d 965 (9th Cir. 2011) (compulsory attendance not creating special relationship; misalignment with student disability)
- McClendon v. City of Columbia, 305 F.3d 314 (5th Cir. 2002) (special relationship prerequisite for §1983 duties; shocks to conscience discussed)
- Rivera v. Houston Indep. Sch. Dist., 349 F.3d 244 (5th Cir. 2003) (state-created danger theory; caution against extending liability)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (Supreme Court 1978) (foundational framework for municipal liability under §1983)