AMERICAN HUMANIST ASSOCIATION v. McCARTY

No. 15-11067, No. 16-11220.

851 F.3d 521 (2017)

AMERICAN HUMANIST ASSOCIATION; Isaiah Smith, Plaintiffs-Appellees, v. Jack McCARTY, in his individual and official capacity; Joe D. Tolbert, in his individual and official capacity; Brad Greene, in his individual and official capacity; Richard Davis, in his individual and official capacity; Ralph Kunkel, in his individual and official capacity; Cary Hancock, in his individual and official capacity; Dolores Webb, in her individual and official capacity, Defendants-Appellants. American Humanist Association; Isaiah Smith, Plaintiffs-Appellants, v. Birdville Independent School District; Jack McCarty, in his individual and official capacity; Joe D. Tolbert, in his individual and official capacity; Brad Greene, in his individual and official capacity; Richard Davis, in his individual and official capacity; Ralph Kunkel, in his individual and official capacity; Cary Hancock, in his individual and official capacity; Dolores Webb, in her individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED March 20, 2017.


Attorney(s) appearing for the Case

Monica Lynn Miller , American Humanist Association, Washington, DC, Patrick Allen Luff , Luff Law Firm, P.L.L.C., San Antonio, TX, Roger L. Mandel , Lackey Hershman, L.L.P., Dallas, TX, for Plaintiffs-Appellees.

Donald Craig Wood , Attorney, Katie Elizabeth Payne, Walsh Gallegos Trevino Russo & Kyle, P.C., San Antonio, TX, for Defendants-Appellants.

Stacy Tuer Castillo , Attorney, Walsh Gallegos Trevino Russo & Kyle, P.C., San Antonio, TX, for Defendants-Appellants Ralph Kunkel, in his individual and official capacity, Cary Hancock, in his individual and official capacity, Dolores Webb, in his individual and official capacity.

Christopher Blewer Gilbert , Thompson & Horton, L.L.P., Houston, TX, for Texas Association of School Boards Legal Assistance Fund.

Before SMITH, CLEMENT, and SOUTHWICK, Circuit Judges.


The American Humanist Association ("AHA") and Isaiah Smith appeal a summary judgment for defendants, the Birdville Independent School District and its seven board members (collectively, "BISD"). AHA and Smith allege that BISD's policy of inviting students to deliver statements, which can include invocations, before...

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