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DAVIS, ETC. v. MAINE ENDWELL CENTRAL SCHOOL DIST.

Nos. 80-CV-257, 80-CV-915.

542 F.Supp. 1257 (1982)

Norman DAVIS, on Behalf of his infant son, James DAVIS, Plaintiff, v. MAINE ENDWELL CENTRAL SCHOOL DISTRICT, Lawrence Rice, in his official capacity as President of the Board of Education for the Maine Endwell Central School District, William O'Connor, in his official capacity as Superintendent of Schools for the Maine Endwell Central School District, John Oakes, in his official capacity as Chairman of the Committee of the Handicapped, Defendants. Norman DAVIS and Harriet Davis, for themselves and on behalf of their infant son, James DAVIS, Plaintiffs, v. MAINE ENDWELL CENTRAL SCHOOL DISTRICT, Eugene Murphy, Member of the Board of Education, Individually and in his official capacity; Lawrence Rice, Member of the Board of Education, Individually and in his official capacity; David Bohl, Member of the Board of Education, Individually and in his official capacity; Wanita Griffin, Member of the Board of Education, Individually and in her official capacity; Joseph Pastore, Member of the Board of Education, Individually and in his official capacity; Arthur Smith, Member of the Board of Education, Individually and in his official capacity; Ray Kwak, Superintendent of Schools, Individually and in his official capacity, John Oakes, Chairman of the Committee on the Handicapped, Individually and in his official capacity; and Donald Conning, Principal of the Maine Memorial School, Individually and in his official capacity, Defendants.

United States District Court, N. D. New York.

July 1, 1982.

Attorney(s) appearing for the Case

Ronald R. Benjamin, Binghamton, N.Y., for plaintiffs.

Hogan & Sarzynski, Binghamton, N.Y., for defendants; Edward J. Sarzynski, Jr., Binghamton, N.Y., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

On November 17, 1981, the day before this case was ordered to proceed to trial before a jury, the Court granted defendants' motion to dismiss the complaint as to all causes of action alleged therein except the cause of action for deprivation of plaintiffs' First Amendment rights.1 This memorandum sets forth the basis for the Court's decision in that regard.

BACKGROUND...

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