United States District Court, N. Texas, Lubbock Division. Brian F. Burke , Chris J. Panatier , Kevin D. Ann Manning , Michael R. McCauley, Jr. On this day the Court considered both the Plaintiffs ' and the Defendants ' respective Motions for Summary Judgment filed on October 20, Defendants filed their Response on November 7, , and the Plaintiffs filed their Response on November 9, On July 8, , Plaintiffs filed their complaint in this Court.
Defendants filed their Original Answers on July 30, Plaintiffs filed a Response on September 29, This Court granted Defendant Clemmons' motion and dismissed him from this lawsuit in an order and judgment dated November 10, As stated above, the parties ' respective motions and responses relating to summary judgment on the non-qualified immunity issues are now before this Court and are the subject of this order.
(mh=z5m7JECb1GIxqvHq)13.jpg "Woman Lubbock")
Although the parties have not been able to agree upon all facts, in their Joint Status Report filed August 14, , the parties agreed upon and stipulated to the following facts:. By doing so, the Equal Access Act , 20 U. LISD has adopted an abstinence policy applying to all matters concerning sexual activity.
On or about September 20, , Waite and Caudillo, along with some of their relatives, made a presentation to Hardin requesting permission to post their fliers in the school's hallways and to make announcements over the school's PA system. On or about November 6, , Waite and Caudillo made a formal written request to Defendants and the members of the School Board asking to be placed on the November 14, Board agenda so that they could request permission to post fliers.
The letter included a list of goals, description of meeting, services to the community, and further included a paragraph as follows:. We are not in any way, "recruiting. We will use diplomatic tactics to provide guidance to youth. We will not be the ones making the decision about their sexuality and we will be working with other organizations, councilors [sic] , etc.
