Victory in Federal Court for Elementary School Administrators

By Marcos Mendoza

The 5th Circuit Court of Appeals recently ruled in favor of district administrators of elementary schools for Plano ISD in the case of Morgan v. Swanson and Bomchill, et. al. The case began as a First Amendment freedom of expression case in which parents of elementary children requested to have their children hand out, among other things, candy cane shaped pens with religious messages. The administrators declined to allow, setting off the litigation in 2004, the defense of which was handled under Plano ISD’s legal liability coverage.

A complex matter, the litigation eventually focused on the actions of the administrators and whether they enjoyed qualified immunity for their actions. The 5th Circuit Court of Appeals ultimately decided the law is unsettled regarding elementary school children’s’ rights as to freedom of expression; therefore, the administrators were immune. The defense of the administrators was handled by Tom Brandt of Fanning Harper Martinson Brandt and Kutchin in Dallas. More detail appears in a Texas Lawyer article linked here. This successful legal defense will benefit elementary school administrators for all of the Fund’s members, as well as those administrators across the United States.