Colomo v. San Angelo Independent School District
501 F. App'x 314
5th Cir.
2012
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Docket

*1 Before JOLLY, BENAVIDES, and HIGGINSON, Circuit Judges.

Case: 11-11178 Document: 00512085404 Page: 2 Date Filed: 12/17/2012

No. 11-11178

PER CURIAM: [*]

After her daughter, an 18-year old special education student, was the sexual victim of another student on school grounds, Appellant Belinda Colomo brought this 42 U.S.C. § 1983 claim against the San Angelo Independent School District and individual school officials alleging a violation of her daughter’s constitutional rights under the Fourteenth Amendment. The district court held that Colomo failed to plead facts demonstrating a Fourteenth Amendment substantive due process violation, and therefore dismissed the claims against the school district and granted summary judgment against Colomo on the claim against the individual officials. Only on appeal has Colomo argued the case is a “special relationship” or “state-created” danger case arising under the rubric of DeShaney v. Winnebago Cnty. Dep’t of Soc. Servs. , 489 U.S. 189 (1989). It is clear that, in light of this court’s intervening decision in Doe v. Covington County School District , 675 F.3d 849 (5th Cir. 2012) (en banc), we are bound to find no error in the district court’s orders. We AFFIRM the judgment of the district court and DENY Appellant’s motion to strike and motion for sanctions.

AFFIRMED.

Notes

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. 2