POCONO MOUNTAIN CHARTER SCHOOL v. POCONO MOUNTAIN SCHOOL DISTRICT

No. 10-4478.

POCONO MOUNTAIN CHARTER SCHOOL; KINCHASA JACKSON, on her own behalf and on behalf of her children Y.J. and K.J.; KENYA WILLIAMSON, on her behalf and on behalf of her daughter L.J.; ALLAN SANABRIA, on their own behalf and on behalf of their daughter, K.S.; CARRIE SANABRIA, on their own behalf and on behalf of their daughter K.S.; KWAME BLAIZE, on his own behalf and on behalf of his children S.B. and L.B.; MOLLI RIVERA, on her own behalf and on behalf of her daughter M.R.; TIFFANY GREEN, on her own behalf and on behalf of her children N.G. and I.G.; SABRINA MULDONAVO-HOWARD, on her own behalf and on behalf of her children B.H. and J.H.; CLAIRE BRYANT, on her own behalf and on behalf of her children M.B. and M.B.; DIEDRA KEYS, on her own behalf and on behalf of her son S.G., on behalf of all others similarly situated, Appellants, v. POCONO MOUNTAIN SCHOOL DISTRICT; DWIGHT PFENNING, Superintendent in his official and individual capacity; HENRY E. BOCKELMAN, President of the Board of Education, in his official and individual capacity; MEG DILGER, Members of the Board of Education, in their official and individual capacities; WILLIAM FORTE, Members of the Board of Education, in their official and individuals capacities; JOSEPH (RANDY) POLINSKI, Members of the Board of Education, in their official and individual capacities; JOHN H. DAVIS, Members of the Board of Education, in their official and individual capacities; ED MAYOTTE, Members of the Board of Education, in their official and individual capacities; DOROTHY SIROLLY, Members of the Board of Education, in their official and individual capacities; RICKY D. SMITH, Members of the Board of Education, in their official and individual capacities; MICHAEL STERN, Members of the Board of Education, in their official and individual capacities; JAN NIERLING, Former members of the Board of Education, in their individual capacities; LEO COLGAN, Former members of the Board of Education, in their individual capacities; STEPHAN SHELOSKI, Former members of the Board of Education, in their individual capacities; JEFFREY SNYDER, Former members of the Board of Education, in their individual capacities; DAVID POLLACK, Former members of the Board of Education, in their individual capacities; STANLEY STORM, Former members of the Board of Education in their individual capacities.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 25, 2011.


Attorney(s) appearing for the Case

Marshall E. Anders, Esq. , Anders & Masington, 18 North 8th Street, Stroudsburg, PA 18360.

Daniel M. Fennick, Esq. , Anderson, Converse & Fennick, 1423 East Market Street, York, PA 17403, Counsel for Appellant Pocono Mountain Charter School.

Judith A. Gran, Esq. [ARGUED], Reisman, Carolla & Gran, 19 Chestnut Street, Haddonfield, NJ 08033, Counsel for Appellants KINCHASA JACKSON, on her own behalf and on behalf of her, children Y.J. and K.J.; KENYA WILLIAMSON, on her behalf and on behalf of her, daughter L.J.; ALLAN SANABRIA, on their own behalf and on behalf of their daughter,, K.S.; CARRIE SANABRIA, on their own behalf and on behalf of their daughter K.S.;, KWAME BLAIZE, on his own behalf and on behalf of his children S.B. and L.B.;, MOLLI RIVERA, on her own behalf and on behalf of her daughter M.R.; TIFFANY, GREEN, on her own behalf and on behalf of her children N.G. and I.G.; SABRINA, MULDONAVO-HOWARD, on her own behalf and on behalf of her children B.H. and, J.H.; CLAIRE BRYANT, on her own behalf and on behalf of her children M.B. and, M.B.; DIEDRA KEYS, on her own behalf and on behalf of her son S.G., on behalf of all, others similarly situated.

Patrick J. Boland, III, Esq. , Thomas A. Specht, Esq. , Marshall, Dennehey, Warner, Coleman & Goggin, P.O. Box 3118, Scranton, PA 18505.

John E. Freund, III, Esq. [ARGUED], King, Spry, Herman, Freund & Faul, One West Broad Street, Suite 700, Bethlehem, PA 18018, Counsel for Appellee Pocono Mountain School District.

Before: RENDELL, SMITH and ROTH, Circuit Judges.


NOT PRECEDENTIAL

OPINION OF THE COURT

RENDELL, Circuit Judge.

This appeal comes to us from a District Court order granting defendant Pocono Mountain School District's ("the School District") Rule 12(b)(6) Motion to Dismiss. The Pocono Mountain Charter School and several of its students and parents1 ("the Charter School") sued the School District seeking injunctive relief, compensatory damages and punitive damages as...

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