Gardner v. Tulia Indep Sch Dist ( 2003 )


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  •                                                        United States Court of Appeals
                                                                    Fifth Circuit
                                                                 F I L E D
                   IN THE UNITED STATES COURT OF APPEALS           July 31, 2003
    
                           FOR THE FIFTH CIRCUIT             Charles R. Fulbruge III
                                                                     Clerk
    
    
                               No. 02-11341
                             Summary Calendar
    
    
    HOLLISTER GARDNER; ET AL.,
    
                                        Plaintiffs,
    
    HOLLISTER GARDNER,
    
                                        Plaintiff-Appellant,
    
    versus
    
    TULIA INDEPENDENT SCHOOL DISTRICT; JEANETT HERRING, In her
    official capacity and in her individual capacity as Trustee;
    SAM SADLER, In his official capacity and in his individual
    capacity as Trustee; SCOTT BURROW, In his official capacity
    and in his individual capacity as Trustee; ANNA GRANADO, In
    her official capacity and in her individual capacity as
    Trustee; BOYD MILNER, In his official capacity and in his
    individual capacity as Trustee; BEN HOWARD, In his official
    capacity and in his individual capacity as Trustee; GARY
    GARDNER, In his official capacity as Trustee,
    
                                        Defendants-Appellees.
    
                          --------------------
              Appeal from the United States District Court
                   for the Northern District of Texas
                           USDC No. 2:97-CV-20
                           USDC No. 2:97-CV-41
                          --------------------
    
    Before SMITH, DeMOSS, and STEWART, Circuit Judges.
    
    PER CURIAM:*
    
    
         *
            Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
                               No. 02-11341
                                    -2-
    
         Hollister Gardner (Hollister) is a former student of a
    
    school in the Tulia Independent School District (TISD).     While
    
    Hollister was attending TISD schools, he participated in extra
    
    curricular activity.   In the fall of 1996, TISD’s board of
    
    trustees approved the development of a suspicionless, random
    
    student drug testing program for students involved in school-
    
    sponsored extra-curricular activities.    The drug-testing program
    
    was implemented in January 1997.
    
         Hollister appeals the district court’s denial of declaratory
    
    and injunctive relief from implementation of TISD’s drug testing.
    
    Hollister fails to brief any claim he has for money damages
    
    stemming from the alleged unconstitutional policy, and he has
    
    waived any issue on appeal in that regard.    Yohey v. Collins, 
    985 F.2d 222
    , 224-25 (5th Cir. 1993).   Because Hollister has
    
    graduated from high school, the instant appeal from the district
    
    court’s denial of declaratory and injunctive relief is moot.        Bd.
    
    of Sch. Comm'rs of Indianapolis v. Jacobs, 
    420 U.S. 128
    , 129
    
    (1975) (per curiam); McClelland v. Gronwaldt, 
    155 F.3d 507
    , 514
    
    (5th Cir. 1998).   Hollister’s appeal is, therefore, DISMISSED.
    
         The court notes that Hollister’s appellate brief contained
    
    expletives and discussion bordering on profane to support his
    
    argument that teenagers are easily embarrassed by urinalysis drug
    
    testing.   Hollister is WARNED that this court will not tolerate
    
    such language in any future filings by Hollister.
    
         TISD’s motion to file a supplemental brief is DENIED as
    
    unnecessary.