Johnson vs. Sch Bd Vermilion Par, (5th Cir. 2003)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. United States Court of Appeals Fifth Circuit FILED October 22, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 02-30857 Conference Calendar SHIRLEY JOHNSON, on behalf of Kioki Johnson, Individually and Tutor, Plaintiff-Appellant, versus SCHOOL BOARD VERMILION PARISH; ET AL., Defendants, SCHOOL BOARD VERMILION PARISH, Defendant-Appellee. Appeal from the United States District Court for the Western District of Louisiana USDC No. 99-CV-1889 Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM: * Proceeding pro se and in forma pauperis , Shirley Johnson, acting on behalf of her minor daughter, Kioki, appeals the magistrate judge§ 1681 .
Johnson contends, in a single paragraph in the argument section of her appellate brief, that the magistrate judge erred in determining that the defendantÂ’s response to the sexual harassment allegations fell short of the deliberate indifference required for recovery. JohnsonÂ’s brief is inadequate to preserve this issue for appeal since she neither refers to the record nor cites legal authority. F ED . R. A PP . P. 28(a)(9). Accordingly, she has waived this claim. See Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993)(issues must be properly briefed to be preserved for appeal). In any event, the evidence adduced at trial supports the magistrate judgeÂ’s findings. See Davis v. Monroe County Bd. of Educ. , 526 U.S. 629, 643, 650 (1999).
AFFIRMED.
No. 02-30857
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- U.S. Supreme Court - Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999)
- U.S. Court of Appeals for the Fifth Circuit - Leslie Wayne Yohey, Petitioner-Appellant, v. James A. Collins, Director Department of Criminal Justice Institutional Division, Et Al., Respondents-Appellees. No. 92-5596. Summary Calendar., 985 F.2d 222 (5th Cir. 1993)
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