Texas school police officers who seized a 14-year-old homeschooled girl from her own apartment without a warrant, parental consent, or emergency now face a jury’s verdict on damages after courts systematically dismantled their qualified immunity defenses—a rare victory for families against government overreach that stripped constitutional protections from law-abiding parents.
Story Snapshot
- MISD officers Alexandra Weaver and Kevin Brunner removed Jade McMurry from her Midland apartment in 2018 during homeschooling hours, searching her home and blocking her father’s calls despite no evidence of danger or abandonment
- Texas CPS cleared the family the same day, yet officers pursued criminal charges against mother Megan McMurry, who spent 19 hours jailed before a jury acquitted her in five minutes
- Federal courts rejected officers’ absurd immunity claims, including arguments that the apartment was a “school” during homeschooling and the crying teen’s removal was “consensual transportation”
- The 5th Circuit ruling in June 2025 paves the way for a jury trial on damages, holding officers accountable for violating Fourth Amendment search protections and Fourteenth Amendment parental rights without due process
Constitutional Rights Trampled in Family’s Own Home
On October 26, 2018, Midland Independent School District police officer Alexandra Weaver entered the McMurry family’s gated apartment complex after a school guidance counselor sought help transporting Jade’s younger brother Connor to Abell Junior High. Though another employee handled Connor’s ride, Weaver proceeded to the apartment where 14-year-old Jade was homeschooling online per her parents’ instructions. Weaver entered with Jade’s permission, searched the kitchen, pantry, refrigerator, and freezer—finding no evidence of neglect—then removed the crying teenager without notifying her parents, blocking her attempts to answer her father’s calls, and detaining her at school until afternoon.
Baseless Prosecution After CPS Cleared Family
Texas Child Protective Services assessed the McMurry family the same day officers seized Jade, finding no abuse or neglect and immediately clearing her to return home. Despite this official determination, officer Kevin Brunner filed probable cause affidavits in December 2018 accusing mother Megan McMurry of child abandonment and endangerment. Megan, herself an employee at Abell school, spent 19 hours in jail before posting bail. When her case reached trial in January 2020, a jury heard the same facts available to officers at the time of seizure and acquitted her after deliberating just five minutes—a stinging rebuke to the prosecution.
Courts Reject Officers’ Absurd Immunity Arguments
The McMurry family filed a federal civil rights lawsuit in October 2020 alleging Fourth Amendment unlawful search and seizure and Fourteenth Amendment due process violations. Officers Weaver and Brunner sought qualified immunity, claiming their actions were lawful. U.S. District Judge David Counts denied summary judgment in June 2024, ruling officers “overruled parental instruction” without any legal process and rejected claims of “consensual transportation” given Jade’s tears and blocked communication with her father. Weaver appealed, arguing the apartment functioned as a “school” during homeschooling hours, thus justifying her jurisdiction. In June 2025, the 5th Circuit unanimously rejected this novel theory, with Judge Ho’s concurrence ridiculing the claim as lacking any precedent.
The rulings emphasized the clearly established principle from Gates v. Texas Department of Protective and Regulatory Services: government agents cannot seize children without a court order, parental consent, or exigent circumstances showing immediate danger. Officers found no such danger—CPS confirmed this within hours—yet proceeded to tear a family apart based on unfounded suspicions. Megan McMurry captured the frustration shared by many Americans when she stated officers believe “nobody will hold them accountable.” These courts proved otherwise, stripping away the immunity shield that too often protects government overreach from consequences.
Parental Rights Under Assault by School Police
This case exposes dangerous trends threatening homeschooling families and parental authority. The McMurrys followed Texas law permitting homeschooling, maintained a stable family environment in secure housing, and faced no prior allegations of neglect. Yet school district police treated their parental decisions as suspicious, searching their home and seizing their daughter as though government officials possessed superior judgment about child welfare. The officers’ actions reflect the same government-knows-best mentality conservatives have fought against in battles over education, medical decisions, and family autonomy. When bureaucrats can override parents without evidence, warrants, or hearings, constitutional protections become worthless.
The economic burden falls on Midland taxpayers, who will fund any damages awarded to the McMurry family for officers’ constitutional violations. This case also reinforces why qualified immunity reform resonates across political perspectives: government agents who violate clearly established rights should face accountability, not taxpayer-funded legal shields. For homeschooling families throughout Texas and beyond, the 5th Circuit’s ruling provides critical precedent limiting warrantless child seizures, though the damage to the McMurrys—Jade’s trauma, Megan’s jail time, years of litigation—can never be fully remedied by monetary compensation.
