Madison v. HISD, et al

*Pursuant 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this opinion should not be published and is not precedent except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. 99-20700
Summary Calendar
MICHAEL MADISON,
Plaintiff-Appellant,
VERSUS
HOUSTON INDEPENDENT SCHOOL DISTRICT;
BOARD OF EDUCATION FOR HISD; DR. ROD PAIGE,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Texas
(H-97-CV-3625)
January 10, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Michael Madison filed suit against the Houston Independent
School District ("District"), Board of Education for the District
("Board"), and Dr. Rod Paige, Superintendent of the District,
alleging that he was terminated in violation of his First Amendment
right to freedom of speech and Fourteenth Amendment right to due
process in violation of 42 U.S.C. § 1983. Madison also asserted

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identical claims under the Texas Constitution as well as breach of
contract claim under state common law. The District and other
defendants answered asserting that Madison was terminated for
violation of the District’s policy forbidding corporal punishment
based on a finding that he struck a student in the chest with a
paddle. The district court granted the District’s motion for
summary judgment and Madison appealed.
We have carefully reviewed the briefs, the record excerpts and
relevant portions of the summary judgment record itself. For the
reasons stated by the district court in its Order entered under
date of April 22, 1999, we AFFIRM the Final Judgment entered on
April 22, 1999, which granted summary judgment in favor of the
defendants.
AFFIRMED.

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