No. 23-229

Bronson McClelland v. Katy Independent School District, et al.

Lower Court: Fifth Circuit
Docketed: 2023-09-12
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: 42-usc-1983 civil-rights constitutional-violation final-policymaking-authority first-amendment monell-liability public-school-district public-school-speech section-1983 true-threat
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

1. In a civil rights action under 42 U.S.C. § 1983, does Monell liability exist for a public school district when an official who committed a constitutional violation had been delegated final policymaking authority to "develop and enforce" a specific policy and then relied on that policy to cause the constitutional injury?

2. Based on the "true threat" doctrine in Counterman v. Colorado, with respect to public school students' off-campus speech, before school districts are permitted to impose a final disciplinary decision which will become part of a student's official education record, does the First Amendment require that school officials must prove that the student speaker had some "subjective understanding" of a statement's threatening nature before making a final determination on whether the speech was "protected speech" or an unprotected "true threat"?

Question Presented (AI Summary)

Does Monell liability exist for a public school district when an official with final policymaking authority relied on a policy to cause a constitutional injury?

Docket Entries

2024-01-08
Rehearing DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-11-22
2023-10-30
Petition DENIED.
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
Waiver of right of respondent Katy Independent School District, et al. to respond filed.
2023-09-07
2023-07-19
Application (23A47) granted by Justice Alito extending the time to file until September 7, 2023.
2023-07-14
Application (23A47) to extend the time to file a petition for a writ of certiorari from August 8, 2023 to September 15, 2023, submitted to Justice Alito.

Attorneys

Bronson McClelland
Randall Lee KallinenKallinen Law PLLC, Petitioner
Katy Independent School District, et al.
Christopher Blewer GilbertThompson & Horton LLP, Respondent