Martinez v. Donna Indep Sch Dist, et al

Filing 920081212

Opinion

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit

FILED
December 12, 2008

No. 08-40062

Charles R. Fulbruge III Clerk

ANDRES MARTINEZ Plaintiff-Appellee v. ELOY INFANTE, in his individual capacity; GEORGE HERNANDEZ, in his individual capacity; ANICETO SANTANA, in his individual capacity; SAUL MATA, in his individual capacity; and RICHIE MORENO, in his individual capacity Defendants-Appellants

Appeal from the United States District Court for the Southern District of Texas No. 7:03-CV-00377

Before HIGGINBOTHAM, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* This appeal reaches us after the district court refused to grant qualified immunity to the defendants-appellants for their alleged actions taken in violation of the plaintiff-appellee's constitutional rights. Construing the facts under the appropriate pre-trial standards, the district court found that the law

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

*

No. 08-40062 was clearly established that Martinez was entitled to procedural protections under Texas law for either his superintendent contract or, if that contract was void, his administrator contract; in light of this, it was objectively unreasonable for the defendants-appellants to deny him such process. We agree with the district court and we AFFIRM its judgment.

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