Two Texas school district police officers who seized a 14-year-old homeschooled girl from her family’s apartment without a warrant, court order, or any evidence of danger now face a jury trial on damages after federal courts systematically dismantled their qualified immunity defenses and rejected their absurd claims that the warrantless home invasion was somehow lawful.
Story Snapshot
- MISD officers Alexandra Weaver and Kevin Brunner removed Jade McMurry from her secure apartment on October 26, 2018, searching the home and detaining her at school while blocking her father’s calls—despite finding zero evidence of neglect or danger
- Texas CPS cleared the family the same day, yet officers still pursued criminal charges against mother Megan McMurry, who spent 19 hours in jail before a jury acquitted her in just five minutes
- Federal courts at both district and appellate levels rejected the officers’ qualified immunity claims, with judges ridiculing defenses like calling the seizure “consensual” and claiming the apartment was somehow “school property”
- The case exposes dangerous government overreach into parental rights and homeschooling families, with officers wielding unchecked authority over a law-abiding family based on fabricated concerns
Warrantless Home Invasion Disguised as Welfare Check
Officers Weaver and Brunner entered the McMurry family’s gated Midland apartment around 10 a.m. on October 26, 2018, following a school transportation mix-up involving Jade’s 12-year-old brother Connor. Weaver searched the kitchen, pantry, refrigerator, and freezer while Jade stood by, finding absolutely no evidence of abandonment, neglect, or danger. Despite this, Weaver removed the crying teenager from her home, instructed her to ignore her father’s phone calls, and detained her at school for hours. Texas CPS assessed the situation that same day and immediately cleared the family, confirming what should have been obvious: no abuse or neglect existed, and Jade was legitimately homeschooled under her parents’ supervision.
False Charges and Acquittal Expose Officers’ Misconduct
Two months after CPS cleared the family, Officer Brunner filed probable cause affidavits accusing Megan McMurry of child abandonment and endangerment. She spent 19 hours in jail before posting bail. The criminal trial in January 2020 lasted longer than the jury deliberation—jurors acquitted Megan after just five minutes, having heard all the same facts the officers knew when they seized her daughter. This swift acquittal underscores what the McMurry family endured: a malicious prosecution based on fabricated concerns by officers who believed they could act with impunity. Megan later stated the obvious truth that resonates with Americans exhausted by government overreach: “Cops think they can do whatever they want.”
Federal Courts Demolish Immunity Claims
The McMurry family filed a federal civil rights lawsuit in October 2020, alleging Fourth Amendment violations for unlawful search and seizure, plus Fourteenth Amendment due process violations. U.S. District Judge David Counts denied summary judgment for both officers in June 2024, criticizing their claim that transporting Jade was somehow “consensual.” The 5th Circuit Court of Appeals unanimously rejected Weaver’s qualified immunity appeal in June 2025, with Judge Ho specifically mocking her novel argument that the family’s apartment constituted “school property” during homeschooling hours. These rulings confirm what should alarm every parent: the officers violated clearly established constitutional law by seizing a child without a warrant, court order, parental consent, or any exigent circumstances, as required by 5th Circuit precedent in Gates v. Texas Department of Protective and Regulatory Services.
Broader Threat to Parental Rights and Homeschooling Families
This case represents a direct assault on parental authority and the constitutional right to direct children’s upbringing without government interference. The McMurry family did nothing wrong—Jade was safely at home following her parents’ instructions, engaged in legitimate online homeschooling in a secure environment. Yet school district officers treated the family like criminals, overruling parental decisions, conducting warrantless searches, and pursuing bogus charges even after CPS confirmed no wrongdoing. For Midland taxpayers, this government abuse will likely result in significant damages payouts. For homeschooling families nationwide, it exposes the vulnerability created when bureaucrats and badge-wielding officials dismiss constitutional protections under the guise of child welfare, demonstrating precisely the kind of government tyranny our founders warned against and that Americans increasingly reject.
