BROWN v. CITY OF ONEONTA, N.Y., POLICE DEPT.

Nos. 232, 3, 2, 543, 545, 544 and 546, Dockets 94-7191, 94-7233, 94-7287, 96-7140, 96-7141, 96-7145 and 96-7305.

106 F.3d 1125 (1997)

Ricky BROWN, Jamel Champen, Sheryl Champen, Hopeton Gordon, Jean Cantave, Raishawn Morris, Tim Richardson, Darryl Taylor, Robert Walker, Clement Mallory, Ronald Sanchez, Darnell Lemons, John Butler, Michael Christian, King Gonzalez, Jason Childs, Paul Heyward, Jr., Ronald Jennings, Paul Howe, Bubu Demasio, Wilson Acosta, Chris Holland, Jermaine Adams, Felix Francis, Daniel Sontag, Ronald Lynch, Kenneth McClain, Hervey Pierre, Vincent Quinones, Laurence Plaskett, Lamont Wyche, Steven York, Tyrone Lohr, Major Barnett, Charles Battiste, Kevin Allen and Wayne Lewis, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, v. CITY OF ONEONTA, NEW YORK, POLICE DEPARTMENT, of the City of Oneonta, New York, John J. Donadio, Chief of Police of the City of Oneonta, in his individual and official capacities, William M. Davis, Oneonta Police Officer, in his individual and official capacities, Anonymous Officers, and Investigators of the Police Department of the City of Oneonta, in their individual and official capacities, H. Karl Chandler, New York State Police Investigator, in his individual and official capacities, Robert Farrand, New York State Police Troop C Commander, in his individual and official capacities, George Clum, New York State Police Investigator, in his individual and official capacities, Kevin More, New York State Police Investigator, in his individual and official capacities, John Way, New York State Police Investigator, in his official capacities, Mark Kimball, New York State Trooper, in his individual and official capacities, Kenneth Grant, New York State Trooper, in his individual and official capacities, NYS Trooper Farrago, in his individual and official capacities, Merritt Hunt, SUCO Department of Public Safety Officer, in his individual and official capacities, Tim Jackson, SUCO Department of Public Safety Officer, in his individual and official capacities, Leif S. Hartmark, in his individual and official capacities, Eric Wilson, in his individual and official capacities, Carl Shedlock, in his individual and official capacities, State University of New York, State University of New York College at Oneonta ("SUCO"), Defendants-Appellants, Joseph Redmond, Oneonta Police Officer, in his individual and official capacities, X. Olsen, Oneonta Police Officer, in his individual and official capacities, State of NY, NYS Division of State Police, Anonymous State Police Officials & Investigators, in their individual and official capacities, SUCO Department of Public Safety, John Edmondson, SUCO Department of Public Safety Officer, in his individual and official capacities, Anonymous Public Safety Officers, in their individual and official capacities, Anonymous SUCO Computer Employees, in their individual and official capacities, Defendants.

United States Court of Appeals, Second Circuit.

Decided February 14, 1997.


Attorney(s) appearing for the Case

Denise A. Hartman, Assistant Attorney General, State of New York (Dennis C. Vacco, Attorney General of the State of New York, Victoria A. Graffeo, Solicitor General, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General, Albany, NY, of counsel), for State Defendants-Appellants.

Brian J. O'Donnell, Albany, NY (Richard W. Bader, Rowley, Forrest, O'Donnell, Beaumont & Pelersi, P.C., Albany, NY, of counsel), for Defendant-Appellant Leif S. Hartmark.

Daniel J. Stewart, Dreyer Boyajian, L.L.P., Albany, NY, for City Defendants-Appellants.

D. Scott Bassinson, Whiteman Osterman & Hanna, Albany, NY, for Plaintiffs-Appellees.

Before: WALKER and LEVAL, Circuit Judges, and STANTON, Senior District Judge.


STANTON, Senior District Judge:

On September 4, 1992, employees of the State University of New York College at Oneonta ("SUCO") released a list of the names and addresses of SUCO's black male students to law enforcement officers who were looking for an armed young black male suspect in a violent crime. The main issue on this appeal is whether those students had a clearly established right under the Family Educational Rights and Privacy Act of 1974 ("FERPA"), 20 U...

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