green
Positive treatment
10.6 score
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Shields v. Port Arthur Independent School District
“At bottom, fairly characterizing an act as corporal punishment depends on whether the school official intended to discipline the student for the purpose of maintaining order and respect or to cause harm to the student for no legitimate pedagogical purpose.” Id. at 510-11; see T.O., 2 F.4th at 414 (noting that the Fifth Circuit has “consistently dismissed substantive due process claims when the offending conduct occurred in a disciplinary, pedagogical setting” (collecting cases)). 10 The Fifth Circuit has summarized its application of this precedent as follows: [The Fifth Circuit has] …
discussed
Cited as authority (rule)
O. v. Ft Bend Indep Sch Dist
Dist. 47J v. Acton, 515 U.S. 646 , 652–53 (1995) (applying the Fourth Amendment to searches conducted in public schools); New Jersey v. T.L.O., 469 U.S. 325, 336 (1985) (same). 11 Campbell v. McAlister, 162 F.3d 94 , 1998 WL 770706, at *2 (5th Cir. 1998) (unpublished) (“Since our en banc decision in Ingraham v. Wright, we have consistently applied a substantive due process analysis to claims of excessive force in the context of corporal punishment at public schools.” (citation omitted)). 12 Ingraham v. Wright, 430 U.S. 651, 672 (1977). 13 Moore v. Willis Indep.
discussed
Cited as authority (rule)
Brown v. Coulston
As the Fifth Circuit has explained, “[t]he Fourth Amendment’s reasonableness standard must afford school officials with a relatively wide range [of] acceptable action in dealing with disruptive students.” Campbell v. McAlister, 162 F.3d 94 , 1998 WL 770706, at *4 (5th Cir. 1998) (citing New Jersey v. T.L.O., 469 U.S. 325, 340 , 105 S.Ct. 733 , 83 L.Ed.2d 720 (1985) (observing that, “maintaining security and order in the schools requires a certain degree of flexibility in school disciplinary procedures, and we have respected the value of preserving the informality of the student-teacher…
discussed
Cited as authority (rule)
B S v. Waxahachie Independent School District
In the public-school context, as is the case here, the Fifth Circuit has “gone to great lengths to emphasize the special circumstances facing school administrators in maintaining discipline in the classroom and on school grounds.” Campbell v. McAlister, 162 F.3d 94 , 1998 WL 770706, at *4 (5th Cir. 1998).
discussed
Cited "see, e.g."
W. v. Paley
Dist. 101, 68 F.3d 1010, 1016 (7th Cir. 1995). 5 Case: 19-20429 Document: 00515912093 Page: 6 Date Filed: 06/23/2021 No. 19-20429 two school security guards was “properly analyzed under the Fourth Amendment.” Keim v. City of El Paso, 162 F.3d 1159 , 1998 WL 792699, at *1 , *4 n.4 (5th Cir. 1998) (per curiam) (unpublished); see also Campbell v. McAlister, 162 F.3d 94 , 1998 WL 770706, at *3 (5th Cir. 1998) (per curiam) (unpublished) (not deciding whether the Fourth or Fourteenth Amendment applied but noting that Graham v. Connor indicates that claims challenging governmental forces should �…
Retrieving the full opinion text from the archive…
Campbell
v.
McAlister
NO. 97-20675
United States Court of Appeals,
Fifth Circuit.
October 20, 1998
Appeal From: S.D.Tex. ,No.H-96-CV-1316
1
Affirmed.