CAVE v. EAST MEADOW UNION FREE SCHOOL DIST.

Docket No. 07-1120-cv.

514 F.3d 240 (2008)

John CAVE and Nancy Cave as individuals, parents, legal guardians and guardians ad litem of John Cave Jr. and John Cave Jr., Plaintiffs-appellants, v. EAST MEADOW UNION FREE SCHOOL DISTRICT, W. Tresper Clarke High School, Robert R. Dillion as administration of The East Meadow Union Free School District and W. Tresper Clarke High School and Robert R. Dillon individually and personally, Joseph Barbera as administration of The East Meadow Union Free School District and W. Tresper Clarke High School and Joseph Barbera individually and personally, Leon J. Campo as administration of The East Meadow Union Free School District and W. Tresper Clarke High School and Leon J. Campo individually and personally, Timothy Voels as administration of The East Meadow Union Free School District and W. Tresper Clarke High School and Timothy Voels individually and personally, Deborah Coates as President of the Board of Education of East Meadow School District and W. Tresper Clarke High School and Deborah Coates individually and personally, Brian O'Flaherty as Vice President of the Board of Education of East Meadow School District and W. Tresper Clarke High School and Brian O'Flaherty individually and personally, Debra Kirsh as Trustee of the Board of Education of East Meadow Union Free School District and W. Tresper Clarke High School and Debra Kirsh individually and personally, Judy Schiechel as Trustee of the Board of Education of East Meadow Union Free School District and W. Tresper Clarke High School and Judy Schiechel individually and personally, Walter Skinner as Trustee of the Board of Education of East Meadow Union Free School District and W. Tresper Clarke High School and Walter Skinner individually and personally, Barry Rubinstein as Trustee of the Board of Education of East Meadow Union Free School District and W. Tresper. Clarke High School and Barry Rubinstein individually and personally, Joseph Parisi as, Trustee of the Board of Education of East Meadow Union Free School District and W. Tresper Clarke High School and Joseph Parisi individually and personally, Geraldine Doddato as Assistant Principal and administration of The East Meadow Union Free School District and W. Tresper Clarke High School and Geraldine Doddato individually and personally, Darryl Strabuk as Assistant Principal and administration of The East Meadow School District and W. Tresper Clarke High School and Darryl Strabuk individually and personally, Patrice Dobies as an employee, agent and servant of East Meadow Union Free School District and W. Tresper Clarke High School and Patrice Dobies individually and personally and John Campo as an employee, agent and servant of East Meadow School District and W. Tresper Clarke High School and John Campo individually and personally, Defendants-appellees.

United States Court of Appeals, Second Circuit.

Decided: January 23, 2008.


Attorney(s) appearing for the Case

Paul J. Margiotta, Esq., Lindenhurst, NY, for plaintiffs-appellants.

Stanley A. Camhi, Esq., Jaspan, Schlesinger & Hofman, LLP, Garden City, NY, for defendants-appellees.

Before: FEINBERG, CALABRESI, and WESLEY, Circuit Judges.


FEINBERG, Circuit Judge:

Plaintiffs-appellants, disabled high school student John Cave Jr. ("John, Jr.") and his parents, appeal from a decision of the United States District Court for the Eastern District of New York (Spatt, J.) denying their motion for a preliminary injunction under the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq., Section 504 of the Rehabilitation Act of 1973 ("Section 504"), 29 U.S.C. § 794, and 42...

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