Burke, Chris J. Panatier, Kevin D. 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.
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.
(mh=z5m7JECb1GIxqvHq)13.jpg "Anal Girl Lubbock")
The letter included a list of goals, description of meeting, services to the community, and further included a paragraph as follows:. They were placed on the November 14, agenda. On November 14, , Waite addressed the Board of Trustees. Schottland suggested that LISD allow the students to post notices in the school hallways, but that the students not have use of the school's PA system. Vogler denied the request. Thereafter, Defendant Hardin phoned Waite and responded that the request was denied.
LISD receives federal financial assistance. LISD maintains a policy that "the District shall not prohibit student expression solely because other students, teachers, administrators, or parents may disagree with its content. Defendants submit additional "uncontroverted facts. Defendants submit that Hardin also reviewed the website of the group prior to making his decision that the content and material were inappropriate for students and the LISD campuses.
LISD's secondary schools were made up of minors from as young as twelve to seventeen years of age. Defendants further submit that Vogler and Hardin again reviewed the website prior to denying the group's later request in December of to meet on campus. Hardin made the decision to deny the request after reviewing the website, which still contained links to material with sexual content.
