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NICHOL v. ARIN INTERMEDIATE UNIT 28

No. 03-CV-646.

268 F.Supp.2d 536 (2003)

Brenda NICHOL, Plaintiff, v. ARIN INTERMEDIATE UNIT 28; Robert H. Coad, Jr., Executive Director, Arin Intermediate Unit 28, in his personal and official capacities, John T. Smith, Jr., Director of Special Education, Arin Intermediate Unit 28, in his personal and official capacities, Robert T. Truscello, Supervisor, Arin Intermediate Unit 28, in his personal and official capacities, Defendants.

United States District Court, W.D. Pennsylvania.

June 25, 2003.

Attorney(s) appearing for the Case

Joseph L. Luciana, Kirkpatrick & Lockhart, Pittsburgh, PA, Kristina J. Wenberg, Vincent P. McCarthy, American Center for Law & Justice, New Milford, CT, for Plaintiff.

Richard B. Tucker, III, Gary J. Gushard, Tucker Arensberg, Anthony G. Sanchez, Pittsburgh, PA, for Defendants.

MEMORANDUM OPINION

SCHWAB, District Judge.

I. Introduction

The "Garb Statute," a provision of the Pennsylvania School Code, prohibits teachers and certain other Pennsylvania public school professional employees from wearing religious dress, marks, garb, emblems or insignia while performing their duties in public schools. 24 Pa. Stat. Ann. § 11-1112, Act of March 10, 1949, P.L. 30, art. XI, § 1112. The "Religious Affiliations" policy...

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