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IMMEDIATO v. RYE NECK SCHOOL DIST.

No. 189, Docket 95-7237.

73 F.3d 454 (1996)

Daniel IMMEDIATO, Diane Immediato, and Eugene Immediato, Plaintiffs-Appellants, Mario Gironda, Jr., Mario Gironda, and Sandra Gironda, Plaintiffs, v. RYE NECK SCHOOL DISTRICT, Kathleen D. Gulotta, Frank Spedafino, Beatrice Cerasoli, Alan Manocherin, Janice K. Anderson, Liz Perelstein, Peter J. Mustich, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 2, 1996.

Attorney(s) appearing for the Case

Scott G. Bullock, Institute for Justice, Washington, DC (William H. Mellor III, Clint Bolick, Institute for Justice, Washington, DC; Lance J. Gotko, New York City, of counsel), for Plaintiffs-Appellants.

Phyllis S. Jaffe, Plunkett & Jaffe, White Plains, NY, for Defendants-Appellees.

Thomas A. Bowden, Baltimore, MD; Robert S. Getman, New York, NY, submitted a brief for amicus curiae The Association for Objective Law.

James F. Bendernagel, Dennis D. Hirsch, Anne K. Adams, Michael J. Raphael, Sidley & Austin, Washington, DC; Robert Teir, The American Alliance for Rights and Responsibilities, submitted a brief for amicus curiae The American Alliance for Rights and Responsibilities.

Before: NEWMAN, Chief Judge, McLAUGHLIN and LEVAL, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Daniel Immediato is a high school student in the Rye Neck (N.Y.) School District (the "District"). He and his parents (together, the "plaintiffs") brought an action pursuant to 42 U.S.C. § 1983 against the District, the members of the District Board of Education, and the District Superintendent (together, the "defendants"), in the United States District Court for the Southern District of New York (Charles L. Brieant, Jr., Judge<...

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