Dismissal of Cheerleader’s Complaint Against a Texas High School Becomes a Reminder Not to Jump to Constitutional Conclusions

By Gina McKlveen Not all constitutional claims rise to the level necessary to survive a motion to dismiss. Recently, a federal district judge for the United States District Court for the Western District of Texas, dismissed a plaintiff’s amended complaint after finding that both the alleged due process and Title IX claims were conclusory and failed to establish a violation of any constitutional rights. After showing up late to a cheerleading practice at Northside Independent School Distr