MAY v. COOPERMAN

Civ. A. No. 83-89.

578 F.Supp. 1308 (1984)

Jeffrey MAY, individually; Jean Ross, as natural parent of Damon Ross, an infant, and Jean Ross, individually; Bonnie Schorske, as natural parent of Mark Tulloss, an infant, and Bonnie Schorske, individually; Brenda Butler, as natural parent of Cary Butler, an infant, and Brenda Butler, individually; Gary Drew, individually, Plaintiffs, v. Dr. Saul COOPERMAN, Commissioner of the Department of Education; New Jersey Department of Education; Edison Township Board of Education; Old Bridge Township Board of Education, Defendants, and Alan J. Karcher as Speaker of the New Jersey General Assembly; the New Jersey General Assembly; Carmen A. Orechio as President of the New Jersey Senate and the New Jersey Senate, Defendants-Intervenors.

United States District Court, D. New Jersey.

January 25, 1984.


Attorney(s) appearing for the Case

Pellettieri, Rabstein & Altman by Anne P. McHugh, Trenton, N.J., for plaintiffs.

Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney by William W. Robertson, Newark, N.J., for Alan J. Karcher and Carmen A. Orechio.

Marinari & Farkas, P.A. by Robert A. Farkas, Trenton, N.J., for New Jersey General Assembly and New Jersey Senate.

Irwin I. Kimmelman, Atty. Gen. of New Jersey by Jaynee LaVecchia, Deputy Atty. Gen., Trenton, N.J., for Dr. Saul Cooperman, Com'r of Educ. and Dept. of Educ.


OPINION

DEBEVOISE, District Judge.

On January 10, 1983, plaintiffs commenced this action challenging the constitutionality of P.L.1982, Ch. 205, the New Jersey Minute of Silence statute. The complaint sought declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201, 2202. It also requested attorneys' fees and costs pursuant to 42 U.S.C. § 1988.

In an opinion, 572 F.Supp. 1561

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