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Fifth Circuit· 2/14/1997

Becerra v. Asher

Citations

  • 105 F.3d 1042
  • 1997 WL 35402

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “[u]nlike in Doe, Asher was not Juan’s teacher ‘before, during, and after’ the sexual abuse, nor was this wrongful conduct ‘on and off school grounds’ ”
  • rejecting plaintiff’s argument that abuse was under color of state law because it “would not have occurred if [the teacher] had not first won [the student’s] trust and affection while serving as his teacher”
  • \no real nexus\ between sexual activity at student's home and \the teacher's duties and obligations as a teacher\
  • “Without an underlying constitutional violation, an essential element of municipal liability is missing.”
  • “Without an underlying constitutional violation, an essential element of municipal liability is missing.”
  • “Without an underlying constitutional violation, an essential element of municipal liability is missing.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dennis, Per Curiam, Politz, Reavley

Read full opinion on CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

11 cases in this archive are cited by this case.

Other cases named Becerra v. Asher

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.