Austin Appeals Court Upholds Dismissal of Student’s Bullying Lawsuit Amid Controversy Over Race and Politics

Austin Appeals Court Dismisses Student’s Bullying Lawsuit, Case Considered for Supreme Court

Austin, Texas – In a recent ruling, the 5th U.S. Circuit Court of Appeals affirmed a 2022 decision made by a U.S. district judge, which dismissed a controversial lawsuit involving a student who claimed he was bullied because of his race and conservative political beliefs. This decision has sparked conversations within the community and has left the student’s legal team contemplating taking the case all the way to the U.S. Supreme Court.

The Bullying Allegations

The student, who is identified only by his initials in the lawsuit, originally filed the complaint in 2020. He alleged that while attending O. Henry Middle School and Austin High School, he faced both verbal and physical abuse from his peers, all while school administrators allegedly stood by without intervening. The lawsuit described a distressing environment where the student felt targeted and unsupported due to his conservative beliefs.

Martin Cirkiel, an attorney representing the student with the Cirkiel Law Group, expressed his disappointment over the ruling and stated, “Most school districts are concerned that children are educated in a safe, nonhostile environment. We want Austin Independent School District (AISD) to admit this was not right.”

An Unusual Ruling

What makes this ruling particularly noteworthy is that it was a rare en banc decision, meaning all 18 judges of the court participated rather than a smaller panel. After a thorough deliberation, the judges ended up in a split decision of 9-9. Due to this tie, the lower court’s ruling was automatically upheld, which means the student’s lawsuit will not proceed to trial.

The Debate on Discrimination

As expected with such a divided court, the judges had differing opinions on whether the student’s claims constituted discrimination based on race. Judge Carolyn Dineen King, in her agreement with the dismissal, pointed out that accusations of racism do not inherently relate to the accuser’s race, stating, “A racist or alleged racist could be a person of virtually any color.”

On the flip side, Judge Jennifer Walker Elrod took a dissenting stance. She argued that the memes and derogatory remarks about the student, which linked him to the KKK and other racially charged groups, amounted to harassment based on his race. “When an individual is accused of membership in a politically odious organization associated with that individual’s protected characteristic, such an accusation amounts to stereotyping,” she stated. Using a hypothetical example, she highlighted how similarly situated cases involving other racial backgrounds could lead to different interpretations of harassment.

The Next Steps

Despite the unfavorable ruling, Cirkiel mentioned that they are considering an appeal to the U.S. Supreme Court to possibly seek a different outcome. This decision could have larger implications for how schools address bullying and discrimination, not just in this case but for students across the nation.

Austin School District’s Silence

For now, the Austin Independent School District has opted to remain quiet on the ongoing litigation. This might be a strategic move as they await possible further developments from the student’s legal team.

As this case unfolds, it brings light to the broader conversation about bullying in schools, the responsibilities of educational institutions, and how political beliefs can intersect with issues of race. The community in Austin, along with many observers, will be watching closely to see how this legal journey continues to progress.