ALTMAN v. BEDFORD CENTRAL SCHOOL DISTRICT

Docket Nos. 99-7969(L), 99-9001.

245 F.3d 49 (2001)

Robert M. ALTMAN and Victoria L. Altman, his wife, individually and as parents of minor children, Russell Altman and Ross Altman; Mary Ann Dibari, individually and as lawful guardian of minor children Krystal M. Dibari and Tiana N. Dibari; Joseph M. Dinozzi and Cecile D. Dinozzi, his wife, individually and as parents of minor children, Jon M. Dinozzi, Daniel J. Dinozzi, Steven M. Dinozzi, and Joseph A. Dinozzi, Plaintiffs-Appellees-Cross-Appellants, v. BEDFORD CENTRAL SCHOOL DISTRICT; Dr. Bruce Dennis, in his capacity as Superintendent of Schools of the Bedford Central School District and Agent/Administrator of its Board of Education; Jane Doe (name unknown, post currently vacant), in his or her capacity as Assistant Superintendent in charge of Curriculum and Instruction for the Bedford Central School District and Agent/Administrator of its Board of Education; Deborah Timberlake, in her capacity as President of the Board of Education of Bedford Central School District; Board of Education of the Bedford Central School District; James Young, in his capacity as Principal of the Pound Ridge Elementary School; James Alloy, in his capacity as Principal of Fox Lane Middle School; and Richard Kraemer, in his capacity as Principal of Fox Lane High School, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 27, 2001.


Attorney(s) appearing for the Case

CHRISTOPHER A. FERRARA, Ramsey, New Jersey (James M. Bendell, American Catholic Lawyers Association, Inc., Ramsey, New Jersey, on the brief), for Plaintiffs-Appellees-Cross-Appellants.

WARREN H. RICHMOND, Northport, New York (Lawrence W. Reich, Neil M. Block, Ingerman Smith, Northport, New York, Gerald A. Rosenberg, Frances K. Browne, Stacey B. Creem, Rosenman & Colin, New York, New York, on the brief), for Defendants-Appellants-Cross-Appellees.

ELLIOT M. MINCBERG, Washington, D.C. (People for the American Way Foundation, Washington, D.C., of counsel), filed a brief on behalf of Amicus Curiae Bedford Parents, in support of defendants-appellants-cross-appellees.

JAY WORONA, Albany, New York, filed a brief on behalf of Amicus Curiae New York State School Boards Association, Inc., in support of defendants-appellants-cross-appellees.

JAMES R. SANDNER, New York, New York (Katherine A. Levine, New York, New York, of counsel), filed a brief on behalf of Amicus Curiae New York State United Teachers, in support of defendants-appellants-cross-appellees.

MARC D. STERN, New York, New York, filed a brief on behalf of Amicus Curiae American Jewish Congress, principally in support of defendants-appellants-cross-appellees.

ARTHUR N. EISENBERG, New York, New York (Beth Haroules, New York Civil Liberties Union Foundation, New York, New York, on the brief), filed a brief on behalf of Amicus Curiae New York Civil Liberties Union, principally in support of defendants-appellants-cross-appellees.

Before: WALKER, Chief Judge, KEARSE and POOLER, Circuit Judges.


KEARSE, Circuit Judge:

Defendants Bedford Central School District et al. ("Bedford" or "School District") appeal from so much of a final judgment of the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, as (a) declared that certain school activities violated plaintiffs' rights under the Establishment and Free Exercise Clauses of the First Amendment to the United States Constitution, (b) enjoined the School...

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