POPE BY POPE v. EAST BRUNSWICK BD. OF EDUC.

No. 93-5292.

12 F.3d 1244 (1993)

Donna POPE, by her guardian ad litem William POPE, Appellee, v. EAST BRUNSWICK BOARD OF EDUCATION; David Seiden, in his official capacity; Patrick Sirr, in his official capacity; Donald Dicenzo, in his official capacity; Kitty Martin, in her official capacity; Thomas Maughan, in his official capacity; Henry Przystup, in his official capacity; Neal Rosen, in his official capacity; Norma Teicher, in her official capacity; Robert Van Wagner, in his official capacity; Jon Kopko, in his official capacity, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 23, 1993.


Attorney(s) appearing for the Case

Martin R. Pachman (argued), Martin R. Pachman, P.C., Freehold, NJ, for appellants.

Susan S. Rankin (argued), Piscataway, NJ, for appellee.

Steven T. McFarland, Bradley P. Jacob, Kimberlee Wood Colby, Center for Law & Religious Freedom, Christian Legal Soc., Annandale, VA, for amicus curiae.

Before: BECKER, NYGAARD and ALITO, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

The East Brunswick Board of Education and its individual members appeal from an order of the district court granting permanent injunctive relief and nominal damages to plaintiff Donna Pope. The district court held that East Brunswick violated the Equal Access Act, 20 U.S.C. § 4071 et seq., by refusing to certify plaintiffs Bible Club as a student organization and accord it equal treatment with other...

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