Johnson Ex Rel. Johnson v. School Board Vermilion Parish

U.S. Court of Appeals for the Fifth Circuit
Johnson Ex Rel. Johnson v. School Board Vermilion Parish, 78 F. App'x 431 (5th Cir. 2003)

Johnson Ex Rel. Johnson v. School Board Vermilion Parish

Opinion

PER CURIAM. *

Proceeding pro se and informa pauper-is, Shirley Johnson, acting on behalf of her minor daughter, Kioki, appeals the magistrate judge’s dismissal of her harassment suit brought under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681. Johnson contends, in a single paragraph in the argument section of her appellate brief, that the magistrate judge erred in determining that the defendant’s response to the sexual harassment allegations fell short of the deliberate indifference required for recovery. Johnson’s brief is inadequate to preserve this issue for appeal since she neither refers to the record nor cites legal authority. Fed. R.App. P. 28(a)(9). Accordingly, she has waived this claim. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993) (issues must be properly briefed to be preserved for appeal). In any event, the evidence adduced at trial supports the magistrate judge’s findings. See Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 643, *432 650, 119 S.Ct. 1661, 143 L.Ed.2d 839 (1999).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Shirley JOHNSON, on Behalf of Kioki Johnson, Individually and Tutor, Plaintiff-Appellant, v. SCHOOL BOARD VERMILION PARISH; Et Al., Defendants, School Board Vermilion Parish, Defendant-Appellee
Status
Unpublished