C.H. EX REL. Z.H. v. OLIVA

No. 98-5061.

195 F.3d 167 (1999)

C.H., as Guardian Ad Litem of Z.H., a Minor, and C.H., Individually, Appellant, v. Grace OLIVA; Gail Pratt; Patrick Johnson; Medford Township Board of Education; Leo Klagholtz, Commissioner of Education; the State of New Jersey Department of Education

United States Court of Appeals, Third Circuit.

Filed October 22, 1999.


Attorney(s) appearing for the Case

F. Michael Daily, Jr., Quinlan, Dunne & Daily, Merchantville, NJ, and Eric W. Treene (Argued), The Becket Fund for Religious Liberty, Washington, DC, for Appellant.

Betsy G. Liebman, Capehart & Scatchard, Mount Laurel, NJ, and Michael P. Madden (Argued), Madden, Madden & Del Duca, Haddonfield, NJ, and John K. Worthington (Argued), Office of Attorney General of New Jersey, Trenton, NJ, for Appellees.

Marc D. Stern, American Jewish Congress, New York, N.Y., for Amicus-Appellee American Jewish Congress.

Before: ROTH and STAPLETON, Circuit Judges, and LONGOBARDI, District Judge.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

C.H., as guardian ad litem of Z.H. and on her own behalf, appeals from an order of the District Court dismissing her complaint in this civil rights action. She alleges that the defendants, New Jersey public school authorities, impermissibly restricted Z.H.'s freedom of expression while he was a student in kindergarten and first grade. She also contends that the defendants' actions were so hostile toward religion...

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