Parent's Claim In School "Candy Cane" Dispute Dismissed On Qualified Immunity Grounds

Last month, a Texas federal district court issued yet another decision in the 7-year long litigation challenging the Plano school district over school rules that, among other things, precluded a student from handing out candy canes with an attached religious message.  The most recent decision involved a complaint by one of the parents who was denied permission to hand out a card describing the religious legend of the candy cane to other parents at his son's school Winter Break party.  In Morgan v. Plano Independent School District, (ED TX, Jan. 15, 2013), the court adopted a magistrate's recommendation (Sept. 25, 2012) and, based on an earlier 5th Circuit decision, dismissed the complaint on qualified immunity grounds. Courthouse News Service yesterday reported on the decision.