                                                                  United States Court of Appeals
                                                                           Fifth Circuit
                                                                          F I L E D
                    IN THE UNITED STATES COURT OF APPEALS
                                                                          June 18, 2004
                                FOR THE FIFTH CIRCUIT
                                _____________________               Charles R. Fulbruge III
                                                                            Clerk
                                     No. 03-51072
                                _____________________

ESMERELDA AGUIRRE, Individually and as Next Friend for Jimmy
Aguirre, a minor,

                                                         Plaintiff - Appellant,

                                           versus

CRYSTAL CITY INDEPENDENT SCHOOL DISTRICT; ALBERT GONZALES,

                                           Defendants - Appellees.
__________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
                       USDC No. SA-02-CV-587
_________________________________________________________________

Before JOLLY, DAVIS, and JONES, Circuit Judges.

PER CURIAM:*

       The district court committed no reversible error in holding

that       the   injury   was    neither    foreseeable    nor   caused    by   the

defendants.        Furthermore, on the record before us, the defendants,

sued only in their official capacity, cannot be held liable because

the evidence fails to establish a policy that was the moving force

behind the constitutional violation.                See Rivera v. Houston Indep.

Sch. Dist., 349 F.3d 244 (5th Cir. 2003).                  The district court’s

judgment dismissing the complaint is therefore 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this opinion should not be published and is not precedent except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.
