Aguirre v. Crystal City Independent School District

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
June 18, 2004
FOR THE FIFTH CIRCUIT
_____________________ Charles R. Fulbruge III
Clerk
No. 03-51072
_____________________
ESMERELDA AGUIRRE, Individually and as Next Friend for Jimmy
Aguirre, a minor,
Plaintiff - Appellant,
versus
CRYSTAL CITY INDEPENDENT SCHOOL DISTRICT; ALBERT GONZALES,
Defendants - Appellees.
__________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-02-CV-587
_________________________________________________________________
Before JOLLY, DAVIS, and JONES, Circuit Judges.
PER CURIAM:*
The district court committed no reversible error in holding
that the injury was neither foreseeable nor caused by the
defendants. Furthermore, on the record before us, the defendants,
sued only in their official capacity, cannot be held liable because
the evidence fails to establish a policy that was the moving force
behind the constitutional violation. See Rivera v. Houston Indep.
Sch. Dist., 349 F.3d 244 (5th Cir. 2003). The district court’s
judgment dismissing the complaint is therefore AFFIRMED.
*
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this opinion should not be published and is not precedent except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.