Hartt v. Evadale ISD
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 5, 2026
Docket25-40832
StatusUnpublished
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Full Opinion
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United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 25-40832 November 5, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
Pamela Hartt, Individually, as next friend of J.H., minor; Shane
Hartt, as next friend of J.H., minor,
Plaintiffs—Appellants,
versus
Evadale Independent School District; Steve Hyden,
Defendants—Appellees.
______________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:24-CV-63
______________________________
Before King, Higginson, and Douglas, Circuit Judges.
Stephen A. Higginson, Circuit Judge: *
Plaintiffs–Appellants Pamela Hartt and Shane Hartt, acting as next
friends of minor J.H., appeal from the district court’s orders (1) granting
Defendants–Appellees Evadale Independent School District’s (“Evadale”)
and Steve Hyden’s motion to dismiss; (2) denying Appellants’ Rule 59(e)
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*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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No. 25-40832
motion for reconsideration; and (3) denying Appellants leave to amend. We
AFFIRM.
First, Appellants argue that the district court erred by dismissing their
claim for associational disability discrimination under Section 504 of the
Rehabilitation Act. As relevant here, Appellants alleged that Plaintiff Pamela
Hartt (“Hartt”) was a teacher in Evadale and had a daughter with a disability
who received special education within the school district. In late 2021, Hartt
.became concerned that the school district was not providing adequate
special education services for her daughter, so she notified the district of her
intent to file for a due process hearing with the Texas Education Agency
(“TEA”). Shortly after notifying the district of her complaint, Hartt was
demoted. Appellants alleged that Hartt was then sexually harassed by then-
superintendent Steve Hyden, who made comments suggesting that he would
resolve the issues with Hartt’s daughter if Hartt performed sexual favors for
Hyden. Appellants brought a derivative claim for associational disability
discrimination against Pamela Hartt under Section 504 of the Rehabilitation
Act of 1973. See 29 U.S.C. § 794. 1
Section 504 states that “[n]o otherwise qualified individual with a
disability in the United States, . . . shall, solely by reason of her or his
disability, be excluded from the participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving
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1
Appellants brought several other causes of action in their complaint, including
claims for intentional infliction of emotional distress, violation of 42 U.S.C. § 1983, and
violation of Title VII. Those claims are not at issue in this appeal. Additionally, Appellants
alleged an associational disability discrimination claim under the ADA, which the district
court also dismissed. While Appellants mention the ADA generally in their briefing, all of
their arguments are directed at their Rehabilitation Act claim. As a result, Appellants have
abandoned their ADA claim. Gomez v. Chandler, 163 F.3d 921, 921 (5th Cir. 1999) (holding
that issues not briefed on appeal are abandoned).
2
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Federal financial assistance.” Id. We have not explicitly recognized a cause
of action for discrimination by virtue of an individual’s association with a
person with a disability under the Rehabilitation Act (or the ADA), though
many district courts have permitted such a claim to proceed. See Besser v.
Tex. Gen. Land Off., 834 F. App’x 876, 886 (5th Cir. 2020) (per curiam)
(unpublished); Grimes v. Wal-Mart Stores Tex., L.L.C., 505 F. App’x 376, 380
n.1 (5th Cir. 2013) (per curiam) (unpublished). Nevertheless, we have
explained that, “‘[i]f such an action were viable,’ to establish a prima facie
case the plaintiff would have to show: ‘(1) [her] qualification for the job, (2)
an adverse employment action, (3) the employer’s knowledge of the
employee’s disabled relative, and (4) that the adverse employment action
occurred under circumstances raising a reasonable inference that the
relative’s disability was a determining factor in the employer’s adverse
action.’” Besser, 834 F.App’x at 886 (quoting Spencer v FEI, Inc., 725 F.
App’x 263, 267 (5th Cir. 2018) (per curiam) (unpublished)); Grimes, 505 F.
App’x at 380 n.1.
Here, the district court concluded that, to the extent this kind of claim
is cognizable at all, Appellants had not adequately pleaded the fourth
element, “that her employer unlawfully discriminated against her because of
her relation[’s] disability.” The district court emphasized that Hartt had
alleged that she suffered an adverse employment action because she filed a
complaint relating to her daughter’s schooling, not because of her daughter’s
underlying learning disabilities. Appellants sought reconsideration, and the
district court maintained that “Hartt did not allege any facts that would
create a reasonable inference that it was J.H.’s disability—rather than
Hartt’s filing of her complaint with the TEA—that led to her demotion and
harassment.” On appeal, Hartt argues once more that “she was a victim of
retaliation because of this protected advocacy on behalf of her daughter.”
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Ultimately, we agree with the district court. “We review a district
court’s grant of a motion to dismiss for failure to state a claim de novo.” Doe
1 v. City View Indep. Sch. Dist., 150 F.4th 668, 674 (5th Cir. 2025). While
Appellants’ complaint includes allegations supporting an inference that
Hartt’s complaint to the TEA caused an adverse employment action, there
are no factual allegations that adequately suggest that her daughter’s
disability, though discussed within the TEA complaint, was the basis for the
adverse employment action. Appellants do not allege, for example, that
Hyden or Evadale “expressed animosity regarding [J.H.’s] condition,”
Besser, 834 F.App’x at 886, or that J.H.’s disability was unknown prior to
Hartt’s filing of the complaint. Instead, the allegations for this claim are
general and conclusory, stating that J.H. was a “victim of retaliation,” and
“Pamela Hartt has a derivative claim of what is termed associational disability
discrimination.” At bottom, Appellants’ complaint suggests only one
plausible inference at this stage: Hartt was subjected to an adverse
employment action because she engaged in potentially protected activity, not
because she was associated with her disabled daughter. That might have
given rise to a different cause of action—namely, retaliation—but it is
insufficient for the cause of action that Appellants alleged here. 2 As a result,
the district court did not err. 3
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2
There is an open question whether the standard articulated in Besser applies to a
Rehabilitation Act claim, which normally imposes a heightened causation standard. See
Soledad v. U.S. Dep’t of Treasury, 304 F.3d 500, 505 (5th Cir. 2002) (“Liability can only be
found when the discrimination was ‘solely by reason of her or his disability,’ not when it is
simply a motivating factor.” (quoting 29 U.S.C.A. § 794(a))); Longoria v. Via Metro.
Transit, No. SA-21-CV-01171-JKP, 2022 WL 1445396, at *12 (W.D. Tex. May 6, 2022)
(imposing “solely caused by” standard for associational discrimination claim). We need
not reach this question, since we agree that Appellants do not state an associational
discrimination claim, even under the lower standard articulated in Besser.
3
Appellants also argue that the district court erred in denying their 59(e) motion
for the same reasons. “We generally review a decision on a motion to alter or amend
4
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Second, Appellants argue that the district court abused its discretion
by denying them leave to amend. “We review denials of leave to amend a
complaint for abuse of discretion.” Jack v. Evonik Corp., 79 F.4th 547, 564
(5th Cir. 2023). The Federal Rules of Civil Procedure provide that leave to
amend should be “freely” given “when justice so requires.” Fed. R. Civ.
P. 15(a). Courts should consider factors such as undue delay, bad faith or
dilatory motives on the part of the movant, repeated failure to cure
deficiencies by amendments previously allowed, undue prejudice to the
opposing party, and futility. Jack, 79 F.4th at 564–65.
Here, the district court did not abuse its discretion. The district court
initially dismissed Appellants’ claims with prejudice, despite Appellants’
brief request for leave to amend in their opposition to the motion to dismiss.
But “[a] bare request in an opposition to a motion to dismiss—without any
indication of the particular grounds on which the amendment is sought—
does not constitute a motion within the contemplation of Rule 15(a).” United
States ex rel. Willard v. Humana Health Plan of Tex. Inc., 336 F.3d 375, 387
(5th Cir. 2003) (internal citation and quotation omitted). Appellants then
formally sought leave to amend, but the district court denied the motion,
holding that Appellants had already been granted one opportunity to amend
their complaint and that the amendments concerned facts known at the
beginning of the lawsuit. The district court thus based its denial of leave to
amend on permissible considerations such as delay and past amendments.
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judgment under Rule 59(e) for abuse of discretion.” Pioneer Nat. Res. USA, Inc. v. Paper,
Allied Indus., Chem. & Energy Workers Int’l Union Loc. 4-487, 328 F.3d 818, 820 (5th Cir.
2003), opinion modified on denial of reh’g, 338 F.3d 440 (5th Cir. 2003). “To the extent that
a ruling was a reconsideration of a question of law, however, the standard of review is de
novo.” Id. We conclude that the district court did not err for the same reasons described
above.
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We do not conclude that the district court abused its discretion on these
facts. 4
We AFFIRM.
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4
Appellants argue that it was significant that, a few weeks before their complaint
was dismissed, the magistrate judge had placed certain discovery rulings in abeyance given
Appellants’ stated intent to file a second amended complaint consistent with the
scheduling order. Appellants do not explain how this fact creates an abuse of discretion,
and their waiver argument is unavailing.
6