A Federal Court has sided with Texas A&M in a lawsuit over the 1999 Aggie bonfire collapse. In a decision Tuesday, the Fifth Circuit Court of Appeals in New Orleans upheld a lower court ruling that dismissed the complaints against A&M and several of its top officials.
That ruling stated that Texas A&M and its officials were protected under qualified immunity granted to state agencies under specific circumstances. The plaintiffs appealed the decision claiming the collapse of bonfire represented a state-created danger.
Tuesday's ruling determined the state-created danger theory was not clearly established law at the time of the accident, and therefore, the defendants are entitled to qualified immunity and the complaints against them should be dismissed.