From Doe v. Jewell, decided Friday by Fifth Circuit Judge Patrick Higginbotham, joined by Judges Don Willett and James Ho:
Parents of a pre-kindergarten student bring claims under 42 U.S.C. § 1983 against April Jewell, a school principal, for failure to respond to sexual molestation of their daughter by a faculty member. The district court denied Jewell's motion to dismiss on the basis of qualified immunity finding that she failed her duty to protect the student. We AFFIRM….
Jane [Doe] brings two claims: (A) that her Fourteenth Amendment right to bodily integrity was violated by Jewell's failure to supervise; and (B) that Jewell's conduct constituted arbitrary and conscience-shocking executive action….
As to bodily integrity and failure to supervise, the panel set forth the Fifth Circuit rule:
