Taylor v. Center Independent School District et al

Filing 39

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS. Signed by District Judge Michael J. Truncale on 8/29/24. (ljw)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
TINA TAYLOR, ON BEHALF OF T.J., A
MINOR;
Plaintiff,
v.
CENTER
INDEPENDENT
SCHOOL
DISTRICT, AMANDA CLARK, IN HER
OFFICIAL CAPACITY AS PRINCIPAL OF
CENTER HIGH SCHOOL AND IN HER
PERSONAL CAPACITY; JILL COX, IN
HER
OFFICIAL
CAPACITY
AS
ASSOCIATE PRINCIPAL OF CENTER
HIGH SCHOOL AND IN HER PERSONAL
CAPACITY; GAYLA MILLER, IN HER
OFFICIAL CAPACITY AS ASSOCIATE
PRINCIPAL OF CENTER HIGH SCHOOL
AND IN HER PERSONAL CAPACITY;
AND PETE LOW,
Defendants.

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CIVIL ACTION NO. 9:23-CV-00152-MJT

JUDGE MICHAEL J. TRUNCALE

ORDER ADOPTING REPORT AND RECOMMENDATION
On May 30, 2024, the Court referred the following three motions to dismiss to United
States Magistrate Judge Zack Hawthorn for consideration and disposition:
1. Defendant Center Independent School District (“CISD”)’s Motion to Dismiss
Plaintiff’s First Amended Complaint [Dkt. 18];
2. Defendants Jill Cox, Pete Low, and Gayla Miller’s Motion to Dismiss Plaintiff’s First
Amended Complaint [Dkt. 19]; and
3. Defendant Amanda Clark’s Motion to Dismiss Plaintiff’s First Amended Complaint
[Dkt. 20]. [Dkt. 34].

On July 25, 2024, Judge Hawthorn issued his Report and Recommendation, which
recommends granting all three motions to dismiss because Taylor fails to allege sufficient facts to
show that the individual defendants violated T.J.’s constitutional rights. [Dkt. 37 at 2]. In addition,
CISD and Low are entitled to governmental immunity while all individual defendants are entitled
to qualified immunity. [Dkt. 37 at 2]. No party has filed objections to Judge Hawthorn’s Report
and Recommendation, and the time for doing so has passed. 1
Therefore, it is ORDERED that Judge Hawthorn’s Report and Recommendation Granting
Defendants’ Motions to Dismiss [Dkt. 37] is ADOPTED.
SIGNED this 29th day of August, 2024.

____________________________
Michael J. Truncale
United States District Judge

1

Judge Hawthorn extended Taylor’s deadline to file objections, at her request, to August 19, 2024.