Case: 12-60264
Document: 00513162565
Page: 13
Date Filed: 08/20/2015
No. 12-60264
“there is no genuine dispute as to any material fact and the movant is entitled
to judgment as a matter of law”. Fed. R. Civ. P. 56(a). “A genuine dispute of
fact exists when evidence is sufficient for a reasonable jury to return a verdict
for the non-moving party, and a fact is material if it might affect the outcome
of the suit.” Willis v. Cleco Corp., 749 F.3d 314, 317 (5th Cir. 2014) (citations
and quotation marks omitted).
In determining whether to grant summary judgment, the court, in its de
novo review, views the evidence in the light most favorable to the nonmovant.
E.g., Dameware Dev., L.L.C. v. Am. Gen. Life Ins. Co., 688 F.3d 203, 206–07
(5th Cir. 2012). Consistent with that, on cross-motions for summary judgment,
“we review [de novo] each party’s motion independently, viewing the evidence
and inferences in the light most favorable to the nonmoving party”. Cooley v.
Hous. Auth. of Slidell, 747 F.3d 295, 298 (5th Cir. 2014) (internal quotation
marks omitted) (quoting Ford Motor Co. v. Tex. Dep’t of Transp., 264 F.3d 493,
498 (5th Cir. 2001)).
The summary-judgment record at hand includes, inter alia: (1) the
affidavits of four students regarding the coaches’ alleged misconduct; (2)
screenshots of Bell’s Facebook page; (3) a transcription of the rap recording
submitted by the school board; (4) a transcription of the recording submitted
by Bell (stipulated version); (5) the letter from the superintendent to Bell’s
mother, informing the Bells of a hearing before the disciplinary committee; (6)
the digital recording of the rap recording; (7) the first screenshot of Bell’s
Facebook “wall”; (8) the second screenshot of Bell’s Facebook “wall”; (9) the
recording of the disciplinary-committee hearing; (10) the minutes of that
hearing, containing the recommended disciplinary action; (11) the school-board
attorney’s letter to Bell’s mother, informing her of the disciplinary committee’s
findings and recommended discipline; (12) the school-board-hearing minutes;
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