Tuesday, May 24, 2011

5th Circuit Hears Oral Arguments On Qualified Immunity In "Candy-Cane" Case

Yesterday the U.S. 5th Circuit Court of Appeals heard oral arguments in Morgan v. Plano Independent School District. (Audio recording of oral arguments.) In the case, a 3-judge panel refused to grant qualified immunity to two Plano, Texas elementary school principals who were sued for refusing to allow elementary school students to hand out religious-themed items-- including candy cane pens with religious messages-- during school parties and at other non-curricular times. However, the panel (in an amended opinion) added that the trial court might find immunity if the facts show that the students' activities were disruptive. (See prior posting.) OneNewsNow yesterday reported on the case.

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