Livingston v. Desoto Independent School District

391 F. Supp. 2d 463, 2005 U.S. Dist. LEXIS 8865, 2005 WL 1132835
CourtDistrict Court, N.D. Texas
DecidedMay 12, 2005
DocketCiv.A. 304CV1818G
StatusPublished

This text of 391 F. Supp. 2d 463 (Livingston v. Desoto Independent School District) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Livingston v. Desoto Independent School District, 391 F. Supp. 2d 463, 2005 U.S. Dist. LEXIS 8865, 2005 WL 1132835 (N.D. Tex. 2005).

Opinion

MEMORANDUM OPINION AND ORDER

FISH, Chief Judge.

Before the court are the motions of the defendants DeSoto Independent School District (“DeSoto ISD”), Larry Goad (“Goad”), and Scott Galloway (“Galloway”) for summary judgment on the claims asserted against them by the plaintiffs, Audrey and Robert Livingston (the “plaintiffs” or “the Livingstons”). For the reasons discussed below, DeSoto ISD’s, Goad’s, and Galloway’s motions for summary judgment are each granted.

I. BACKGROUND

This case arises out of the tragic death of DeSoto Freshman High School student Kourtni Kelley Livingston (“Kourtni”). On August 23, 2002, Kourtni was running around the outdoor track as part of the training activities for the girls’ basketball program. Plaintiffs’ Third Amended Original Complaint (“Complaint”) ¶¶ 8-10. Following the completion of her run, Kourtni became seriously ill and required medical attention. Id. ¶ 11. Approximately five minutes after Kourtni completed her run, Goad — Kourtni’s basketball coach — determined that Kourtni required further medical attention and took her to the school’s athletic training room where Galloway — the head athletic trainer- — examined her and called 911 to request paramedical attention. Plaintiffs’ Response, Brief and Supporting Documents to Defendant Larry Goad[’s] Motion for Summary Judgment (“Response to Goad’s Motion”) at 9-12.

The plaintiffs aver that Goad and Galloway failed to provide necessary medical attention to Kourtni. Id. The failure of Goad and Galloway to provide such medical attention, the plaintiffs allege, was the proximate cause of Kourtni’s death. Complaint ¶ 12.

The plaintiffs brought this case asserting causes of action under 42 U.S.C. § 1983 against Goad, Galloway and DeSoto ISD. Complaint ¶¶ 14-18, 21-24, 25-28. The plaintiffs also assert a tort claim under Texas law against DeSoto ISD. 1 Id. ¶ 20.

II. ANALYSIS

A. Evidentiary Burdens on Motion for Summary Judgment

Summary judgment is proper when the pleadings and evidence before the court show that no genuine issue exists as to any material fact and that the moving parties are entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). 2 The movants *466 make such a showing by informing the court of the basis of their motion and by identifying the portions of the record which reveal there are no genuine material fact issues. Celotex Corporation v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “[T]he substantive law will identify which facts are material.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A genuine issue of material fact exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id. The pleadings, depositions, admissions, and affidavits, if any, must demonstrate that no genuine issue of material fact exists. Fed. R. Civ. P. 56(c).

Once the movants make this showing, the nonmovants must then direct the court’s attention to evidence in the record sufficient to establish that there is a genuine issue of material fact for trial. Celotex, 477 U.S. at 323-24, 106 S.Ct. 2548. To carry this burden, the “opponent must do more than simply show ... some metaphysical doubt as to the material facts.” Mat-sushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation, 415 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Instead, the nonmovants must show that the evidence is sufficient to support a resolution of the factual issue in their favor. Anderson, 477 U.S. at 249, 106 S.Ct. 2505.

While all of the evidence must be viewed in a light most favorable to the nonmovants, id. at 255, 106 S.Ct. 2505 (citing Adickes v. S.H. Kress & Company, 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970)), neither conclusory allegations nor unsubstantiated assertions will satisfy the nonmovants’ summary judgment burden. Calbillo v. Cavender Oldsmobile, Inc., 288 F.3d 721, 725 (5th Cir.2002) (citing Little v. Liquid Air Corporation, 37 F.3d 1069, 1075 (5th Cir.1994) (en banc)). Summary judgment in favor of the mov-ants is proper if, after adequate time for discovery, the motion’s opponents fail to establish the existence of an element essential to their case and as to which they will bear the burden of proof at trial. Celotex, 477 U.S. at 322-23, 106 S.Ct. 2548.

B. The Plaintiffs’ Claims Against Goad and Galloway

The plaintiffs assert causes of action under 42 U.S.C. § 1983 against Goad and Galloway. Goad and Galloway each maintain that they are immune from suit under the doctrine of qualified immunity. For the following reasons, the court agrees with Goad and Galloway.

Qualified Immunity

The threshold question the court must answer with regard to the claims against Goad and Galloway is whether they are entitled to qualified immunity. See Mangieri v. Clifton, 29 F.3d 1012, 1015 (5th Cir.1994) (citing Siegert v. Gilley, 500 U.S. 226, 231-33, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991), and Brewer v. Wilkinson, 3 F.3d 816, 820 (5th Cir.1993), cert. denied, 510 U.S. 1123, 114 S.Ct. 1081, 127 L.Ed.2d 397 (1994)).

When determining Goad’s and Galloway’s claims of qualified immunity, this court must employ a two step analysis. Alexander v. Eeds, 392 F.3d 138, 144 (5th Cir.2004). First, this court must determine whether the plaintiffs have sufficiently pleaded facts that, if proven to be true, show that Goad’s and/or Galloway’s conduct violated a clearly established constitutional right. See id. Second, if the court determines that there is a constitutional violation, the court must consider whether Goad and/or Galloway failed to act in an objectively reasonable manner in light of the clearly established law at the time of *467 Kourtni’s untimely death.

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Bluebook (online)
391 F. Supp. 2d 463, 2005 U.S. Dist. LEXIS 8865, 2005 WL 1132835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livingston-v-desoto-independent-school-district-txnd-2005.