Kennedy v. Pharr-San Juan-Alamo ISD
Kennedy v. Pharr-San Juan-Alamo ISD
Opinion
Case: 25-40138 Document: 56-1 Page: 1 Date Filed: 12/02/2025
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit
No. 25-40138 FILED December 2, 2025 ____________ Lyle W. Cayce Sofia Kennedy, Clerk Plaintiff—Appellant, versus Pharr-San Juan-Alamo Independent School District; Jesse Zambrano; Alejandro Elias, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 7:24-CV-39 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges.
Per Curiam: * This case concerns an allegedly unlawful misappropriation of federal funds by the Pharr-San Juan-Alamo Independent School District (“the District”). Sofia Kennedy, a former employee of the District, sued the District in Texas state court. The District removed the suit to federal court.
Multiple amended complaints later, Kennedy now brings three claims: (1) a _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 25-40138 Document: 56-1 Page: 2 Date Filed: 12/02/2025
No. 25-40138
state retaliation claim against the District under the Texas Whistleblower Act, Tex. Gov’t Code § 554.002, (2) a federal retaliation claim against the District under the False Claims Act, 31 U.S.C. § 3730(h), and (3) a claim that the District and two individuals violated her First and Fourteenth Amendment rights under 42 U.S.C. § 1983. The district court dismissed Kennedy’s claims under Federal Rules of Civil Procedure 12(b)(1) for lack of jurisdiction and 12(b)(6) for failure to state a claim. After reviewing the parties’ briefs and the record, we find no reversible error. AFFIRMED.
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