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LOPEZ v. BAY SHORE UNION FREE SCHOOL DIST.

No. 09-CV-502 (ADS)(ARL).

668 F.Supp.2d 406 (2009)

Litza D. LOPEZ, as the mother and natural Guardian of her minor son, Edwin Aleman, Plaintiff, v. BAY SHORE UNION FREE SCHOOL DISTRICT, Defendant.

United States District Court, E.D. New York.

November 9, 2009.

Attorney(s) appearing for the Case

Paul L. Dashefsky, Esq., Smithtown, NY, for Plaintiffs.

Cruser Mitchell & Novitz LLP, by Keith V. Tola, Esq., Rondiene Erin Novitz, Esq., of Counsel, Melville, NY, for Defendant.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case arises out of the suspension and vindication of Edwin Aleman, a student at Bay Shore High School in Bay Shore, NY. Aleman was suspended from school for a year in the spring of 2008 for allegedly making certain remarks in school related to MS-13, a violent criminal street gang. Aleman appealed his suspension to the New York State Commissioner of Education, who reversed and ordered the suspension...

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