A federal jury has approved damages against two Texas school police officers who violated the constitutional rights of a homeschooling family by seizing a 14-year-old girl from her home without a warrant, court order, or any evidence of danger—a stunning victory for parental rights and accountability after years of legal stonewalling.
Story Snapshot
- MISD officers Alexandra Weaver and Kevin Brunner removed homeschooled 14-year-old Jade McMurry from her family’s apartment on October 26, 2018, without warrant or exigent circumstances
- Texas CPS cleared the family of abuse or neglect the same day, yet officers pursued criminal charges against mother Megan McMurry, who was acquitted after a jury deliberated only five minutes
- Federal courts rejected qualified immunity for both officers after they claimed the seizure was “consensual” and argued the family’s apartment was a “school” during homeschool hours
- The 5th Circuit unanimously confirmed Fourth and Fourteenth Amendment violations, clearing the path for a jury to award damages for government overreach that trampled parental authority
Officers Seized Teen Without Legal Authority
Midland Independent School District police officers Alexandra Weaver and Kevin Brunner entered the McMurry family’s gated apartment complex on October 26, 2018, after a school counselor requested transportation assistance for Jade’s 12-year-old brother Connor. Instead of limiting their involvement to the transportation issue, Weaver conducted an uninvited welfare check on Jade, who was homeschooled and lawfully home alone following her parents’ instructions. Weaver searched the kitchen, pantry, refrigerator, and freezer, finding no evidence of neglect or danger, yet removed the crying teenager from her home and detained her at school for hours while blocking her father’s phone calls.
Criminal Charges Collapsed Under Scrutiny
Texas Child Protective Services assessed the family on the same day as Jade’s removal and found no abuse or neglect, clearing her to return home immediately. Despite this official determination, Officer Kevin Brunner filed probable cause affidavits in December 2018 accusing Megan McMurry of child abandonment and endangerment. Megan, an employee at the same school district, spent 19 hours in jail before posting bail. In January 2020, a criminal jury heard all the facts known to the officers and acquitted Megan after deliberating for only five minutes, exposing the baselessness of the charges that upended her family’s life.
Courts Reject Government Immunity Claims
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. The officers sought qualified immunity, claiming their actions were lawful and consensual. U.S. District Judge David Counts rejected these arguments in June 2024, stating the officers “overruled parental instruction” without legal process and noting no reasonable person would view the encounter as consensual transportation. When Weaver appealed, the 5th Circuit unanimously denied her immunity claim in June 2025, with Judge Ho ridiculing the novel theory that the family’s apartment functioned as a “school” during homeschooling hours, thereby supposedly granting officers authority to remove Jade.
Parental Rights Victory Exposes Government Overreach
The jury’s approval of damages marks a critical accountability moment for families facing government intrusion into child-rearing decisions. This case reinforces the 5th Circuit precedent established in Gates v. Texas Department of Protective and Regulatory Services, which prohibits child seizures without a court order, parental consent, or genuine emergency circumstances. The McMurry family endured years of trauma, legal fees, and the stigma of false criminal accusations—all because officers decided they knew better than parents how to care for a homeschooled teenager who was never in danger. Megan McMurry’s observation that “cops think they can do whatever they want” resonates with Americans frustrated by unchecked authority and the erosion of constitutional protections for families and homeschoolers.
The outcome challenges the qualified immunity doctrine that shields government officials from consequences when they violate clearly established rights. School district police departments nationwide now face heightened scrutiny for welfare checks that escalate into warrantless seizures absent actual emergencies. For homeschooling families and parents who prize autonomy over state interference, this jury verdict affirms that the Constitution still limits government power to separate children from loving, law-abiding parents. The case underscores a broader truth: when authorities ignore due process and substitute their judgment for parental authority without evidence of harm, they attack the foundational liberties that protect families from tyranny.
