One of the legal theories that we see more frequently these days is that the school district and some of its employees engaged in a “civil conspiracy” to deprive someone of federal rights. Such a theory was attempted in C.C. v. Hurst-Euless-Bedford ISD. The court’s decision, relying on precedent from the 5th Circuit, tells us that it is impossible for a school district and its employees to engage in a civil conspiracy: “Because defendants are a school district and its employees, plaintiff cannot plead facts sufficient to demonstrate a conspiracy.”
The parents had alleged that school officials “conspired” to “kick [the student] out of school by treating some of his conduct as felonies.” Without sorting out whether or not this allegation is true, the court dismissed the charge because a school and its employees are a “single entity” and a single entity cannot “conspire” with itself.
So you can “conspire” with your friends to throw a surprise party. You can “conspire” to dump a bucket of Gatorade on the coach at the end of the game. But you cannot “conspire” with your school district or your fellow employees to deprive someone of the federal rights protected by 42 U.S.C. 1985. Good to know.
The case was decided by the federal court for the Northern District of Texas on January 8, 2015.
DAWG BONE: A SCHOOL AND ITS EMPLOYEES CANNOT “CONSPIRE” WITH ITSELF.