http://www.ktbs.com/viewnews.cfm?news_id=1331&zone_id=15&title=Appeals%20court%20dismisses%20A&M%20Bonfire%20suit


BRYAN, Texas (AP) -- A federal appeals court has ruled Texas A&M officials cannot be held responsible for the deaths of 12 students and injuries to 27 others in the 1999 Aggie Bonfire collapse.

Attorneys for some of those injured or killed in the disaster argued that A&M officials deprived Bonfire victims of their right to due process. They alleged the officials created a dangerous university-sponsored event and were indifferent to student safety by not preventing the collapse.

But the 5th U.S. Circuit Court of Appeals in New Orleans on Tuesday upheld a lower court's ruling that the concept of "state-created danger" wasn't clearly established law before the 1999 accident. Consequently, officials didn't have fair notice that their actions violated students' constitutional rights, the court said.

As we have established on other threads, the title of this one is incorrect. The lawsuits filed in state courts and consolidated in Brazos Country have not been dismissed.

They may proceed at the court's option, but unless the entire Fifth Circuit overrules its three-judge panel, or unless the U. S. Supreme Court takes the case and reverses the appeals court, the liability cap and indemnification of state employees stand.

I predict the plaintiffs will settle, but there's nothing certain in the world of litigation.