Moss v. Carrier ( 2003 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30562
Summary Calendar
RONALD MOSS, on behalf of Bobby Moss;
MADELINE MOSS, on behalf of Bobby Moss,
Plaintiffs-Appellants,
versus
CLARA D CARRIER, Individually & in her capacity as a member of
the Iberia Parish School Board; ROBBIE J. LEBLANC, Individually
& in his capacity as a member of the Iberia Parish School Board;
EDWIN J. BUFORD, Individually & in his capacity as Iberia Parish
School Board member; BLAINE A. MECHE, Individually & in his
capacity as a member of the Iberia Parish School Board; ISABELLA
COLLINS, Individually & in her capacity as a member of the Iberia
Parish School Board; MARY B. DAVIS, Individually & in her
capacity as a member of the Iberia Parish School Board; BETTY L.
VOORHIES, Individually & in her capacity as a member of the
Iberia Parish School Board; KAY B. MARCEL, Individually & in her
capacity as a member of the Iberia Parish School Board; MARY FAY
L. FRESHLEY, Individually & in her capacity as a member of the
Iberia Parish School Board; RITA M. HOLMES, Individually & in her
capacity as a member of the Iberia Parish School Board; DANNY D.
SEGURA, Individually & in his capacity as a member of the Iberia
Parish School Board; CHARLES G. SANDERS, II, Individually & in
his capacity as a member of the Iberia Parish School Board;
EUGENE BAUDRY, Individually & in his capacity as Superintendent
of the Iberia Parish School Board; JEAN REAUX, Individually & in
his capacity as employee for the Iberia Parish School Board;
SCHOOL BOARD OF IBERIA PARISH; JOHN KILGORE, Individually & in
his capacity as employee of the Iberia Parish School Board;
WOODROW C. GONDRON, JR., Individually & in his capacity as a
member of the Iberia Parish School Board, also known as Dro
Gondron, Jr., JESSIE J. MCDONALD, Individually & in his capacity
as a member of the Iberia Parish School Board, also known as Jay
McDonald,
Defendants-Appellees.
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LUCILLE VENTURA, on behalf of Jose Ventura,
Plaintiff-Appellant,
versus
CLARA D. CARRIER, Individually & in her capacity as a member of
the Iberia Parish School Board; ROBBIE J. LEBLANC, Individually
& in his capacity as a member of the Iberia Parish School Board;
EDWIN J. BUFORD, Individually & in his capacity as Iberia Parish
School Board member; BLAINE A. MECHE, Individually & in his
capacity as a member of the Iberia Parish School Board; ISABELLA
COLLINS, Individually & in her capacity as a member of the Iberia
Parish School Board; MARY B. DAVIS, Individually & in her
capacity as a member of the Iberia Parish School Board; BETTY L.
VOORHIES, Individually & in her capacity as a member of the
Iberia Parish School Board; KAY B. MARCEL, Individually & in her
capacity as a member of the Iberia Parish School Board; MARY FAY
L. FRESHLEY, Individually & in her capacity as a member of the
Iberia Parish School Board; RITA M. HOLMES, Individually & in her
capacity as a member of the Iberia Parish School Board; DANNY D.
SEGURA, Individually & in his capacity as a member of the Iberia
Parish School Board; CHARLES G. SANDERS, II, Individually & in
his capacity as a member of the Iberia Parish School Board;
EUGENE BAUDRY, Individually & in his capacity as Superintendent
of the Iberia Parish School Board; JEAN REAUX, Individually & in
his capacity as employee for the Iberia Parish School Board;
SCHOOL BOARD OF IBERIA PARISH; JOHN KILGORE, Individually & in
his capacity as employee of the Iberia Parish School Board;
WOODROW C. GONDRON, JR., Individually & in his capacity as a
member of the Iberia Parish School Board, also known as Dro
Gondron, Jr; JESSIE J. MCDONALD, Individually & in his capacity
as a member of the Iberia Parish School Board, also known as Jay
McDonald,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC Nos. 01-CV-1806 & 01-CV-1807
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January 17, 2003
Before JONES, DUHÉ, and CLEMENT, Circuit Judges.
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PER CURIAM:1
Ronald and Madeline Moss and Lucille Ventura (hereinafter
referred to as “Plaintiffs”) appeal from the district court’s grant
of summary judgment for the defendants regarding the plaintiffs’
respective and consolidated lawsuits filed under 42 U.S.C. § 1983.
The plaintiffs alleged that the defendants violated the Due Process
Clause by removing the plaintiffs’ respective children from their
summer school sessions. This court reviews a grant of summary
judgment de novo. See Green v. Touro Infirmary, 992 F.2d 537, 538
(5th Cir. 1993).
Ventura brought a previous action based on the same instant
facts in Louisiana state courts, which was denied. The instant
claims presented by Ventura are therefore barred under the doctrine
of res judicata. See Travelers Ins. Co. v. St. Jude Hosp. of
Kenner, La., Inc., 37 F.3d 193, 195 (5th Cir. 1994). Summary
judgment was properly granted to the defendants as to Ventura’s
claims.
Assuming without deciding that the Due Process Clause is
applicable to a summer school session, the evidence shows that
Bobby Moss received the requisite notice and opportunity to be
heard before she was removed from summer school. See Goss v.
Lopez, 419 U.S. 565, 581-84 (1975). Because there was no due
1
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.
3
process violation, summary judgment was properly granted for the
defendants as to Moss’s claims. Accordingly, the district court’s
judgment is AFFIRMED.
AFFIRMED.
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