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GRAHAM v. GUILDERLAND CENTRAL SCHOOL DISTRICT

256 A.D.2d 863 (1998)

681 N.Y.S.2d 831

ELIZABETH GRAHAM, an Infant, by WILLIE D. GRAHAM, et al., Her Parents and Guardians, et al., Appellants, v. GUILDERLAND CENTRAL SCHOOL DISTRICT et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 17, 1998.

Yesawich Jr., J.

Plaintiff Elizabeth Graham, a student at Guilderland Central High School in Albany County, attended an English Studies class which was taught by defendant John Birchler (hereinafter defendant). While discussing a "Homosexual Awareness Assembly" that had been held the previous day, a student asked defendant, "Why not call them faggots? That's what they are!" In response, defendant pointed to Elizabeth, the only African American in the classroom, and...

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