LEEBAERT v. HARRINGTON

Docket No. 02-7399.

332 F.3d 134 (2003)

Turk LEEBAERT, in his own right and on behalf of his minor son Corky Leebaert, Plaintiff-Appellant, v. Carol A. HARRINGTON, in her personal capacity and official capacity as Superintendent of Schools, and Fairfield Board of Education, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2003.


Attorney(s) appearing for the Case

Vincent P. McCarthy, American Center for Law and Justice Northeast, Inc. (Kristina J. Wenberg, of counsel), New Milford, CT, for Plaintiff-Appellant.

Steven A. Levy, Friedman, Newman, Levy, Sheehan & Carolan, P.C. (James A. Mahar, of counsel), Fairfield, CT, for Defendants-Appellees.

Before: NEWMAN, KEARSE, and SACK, Circuit Judges.


SACK, Circuit Judge.

Plaintiff-Appellant Turk Leebaert ("Leebaert") argues that his constitutional right to direct the upbringing and education of his child requires the defendants, upon his request, to excuse his minor son, Corky Leebaert, from attending health education classes at a public school administered by the defendants. Leebaert further argues that the right so to excuse his son is, as a matter of constitutional law, "fundamental." His son may therefore...

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