Marsh vs. Dallas Indep Sch Dis, (5th Cir. 1997)
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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R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 97-10365 Conference Calendar SWINETTA BENTRELL MARSH, By her next friend Stella Marsh Locke Plaintiff-Appellant, versus DALLAS INDEPENDENT SCHOOL DISTRICT, Et Al. , Defendants DALLAS INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas USDC No. 3:94-CV-2255-R October 23, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM: * Swinetta Bentrell Marsh appeals the granting of defendant Dallas Independent School District§§ 1681-1688. The district court granted summary judgment for defendant DISD because it concluded that Marsh had failed to allege facts sufficient to impose liability on defendant DISD under Title IX. The district court based its ruling on this courtÂ’s recent decisions in Canutillo Independent School District v. Leija , 101 F.3d 393 (5th Cir. 1996), cert. denied , 117 S.Ct. 2434 (1997), Rosa H. v. San Elizario Independent School District , 106 F.3d 648 (5th Cir. 1997), and Doe v. Lago Vista Independent School District , 106 F.3d 1223 (5th Cir. 1997), petition for cert. filed , 65 USLW 3799 (U.S. May 23, 1997)(No. 96-1866). Marsh argues that the relied-upon cases are not controlling law in the instant case or, alternatively, should be overruled.
Marsh fails to demonstrate, however, that the cases relied upon by the district court are not controlling or to present any argument that they have been misapplied. Furthermore, even if this panel of the court were so inclined, it could not overrule the decision of a prior panel. Such a decision may only be overruled pursuant to en banc consideration or a superseding contrary decision of the U.S. Supreme Court. In re Dyke , 943 F.2d 1435, 1442 (5th Cir. 1991). MarshÂ’s appeal thus raises no issue of arguable merit. Accordingly, MarshÂ’s appeal is dismissed as frivolous. See 5th Cir. R. 42.2. APPEAL DISMISSED.
No. 97-10365
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- U.S. Court of Appeals for the Fifth Circuit - Jean Doe, as Guardian and Next Friend of Jane Doe; Jane Doe, Plaintiffs-Appellants, v. Lago Vista Independent School District, Defendant-Appellee.
- U.S. Court of Appeals for the Fifth Circuit - Rosa H., Individually and as Next Friend of Deborah H., Plaintiff-Appellee, v. San Elizario Independent School District, Et Al., Defendants, San Elizario Independent School District, Defendant-Appellant.
- U.S. Court of Appeals for the Fifth Circuit - Canutillo Independent School District, Defendant-Appellant, v. Martha Leija and Jerry Leija as Next Friends of Rosemarie Leija, a Minor, Plaintiffs-Appellees., 101 F.3d 393 (5th Cir. 1996)
- U.S. Court of Appeals for the Fifth Circuit - in the Matter of Marshall James Dyke, Debtor. William E. Heitkamp, Trustee, Appellant, v. Marshall James Dyke, Appellee. in the Matter of Amos Daniel Felts, A/K/a Dan Felts, and Laura Otila Felts, Debtors. the Federal Deposit Insurance Corporation, as Receiver for United Bank of Texas, Appellant, v. Amos Daniel Felts, A/K/a Dan Felts, and Laura Otila Felts, Appellees., 943 F.2d 1435 (5th Cir. 1991)
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