PHILLIPS v. CITY OF NEW YORK

Docket No. 14-2156-cv.

775 F.3d 538 (2015)

Nicole PHILLIPS, individually and on behalf of B.P. and S.P., minors, Dina Check, on behalf of minor M.C., Fabian Mendoza-Vaca, individually and on behalf of M.M. and V.M., minors, Plaintiffs-Appellants, v. CITY OF NEW YORK, Eric T. Schneiderman, in his official capacity as Attorney General, State of New York, Dr. Nirav R. Shah, in his official capacity as Commissioner, New York State Department of Health, New York City Department of Education, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2015.


Attorney(s) appearing for the Case

Patricia Finn , Patricia Finn, Attorney, P.C., Piermont, NY, for Plaintiffs-Appellants.

James Andrew Kent , Assistant Solicitor General ( Steven C. Wu , Deputy Solicitor General, on the brief) on behalf of Barbara D. Underwood , Solicitor General, for State Defendants-Appellees.

Jane L. Gordon on behalf of Zachary W. Carter , Corporation Counsel of the City of New York, for Municipal Defendants-Appellees.

Before: LYNCH and CHIN, Circuit Judges, and KORMAN, District Judge.


Plaintiffs brought this action challenging on constitutional grounds New York State's requirement that all children be vaccinated in order to attend public school. Plaintiffs argued that the statutory vaccination requirement, which is subject to medical and religious exemptions, violates their substantive due process rights, the Free Exercise...

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