Malish, et al v. Austin Indep Sch Dis, et al

1Circuit Judge of the Ninth Circuit, sitting by designation.
2Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
____________________
No. 00-51285
____________________
JEREMY MALISH; MARIA SOLIS, Parent of Erica Solis; JULIA A.
PORFIRIO, Parent of Anne N. Porfirio,
Plaintiffs-Appellees,
versus
AUSTIN INDEPENDENT SCHOOL DISTRICT; PASCAL D. FORGIONE, JR.,
Individually and in his official capacity,
Defendants-Appellants.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(A-00-CV-701-JN)
_________________________________________________________________
April 9, 2001
Before GARWOOD, HALL,1 and BARKSDALE, Circuit Judges.
PER CURIAM:2
The district court having concluded that the Austin
Independent School District’s ranking policy at issue violated
Texas Education Code Annotated § 51.803(a) (granting automatic
admission to state undergraduate institutions to applicants who
“graduated with a grade point average in the top 10 percent of the
student’s high school graduating class”), and our having determined

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that the district court did not abuse its discretion in reaching
that conclusion, the contested preliminary injunction is
AFFIRMED.

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