BRIAN B., by and through his mother, LOIS B.; Abdul R., by and through his mother, Dena R.; Byron A., by and through his mother, Carrie W.; Ronelle W., by and through his mother, Pamela J.; Steven S., by and through his guardian, Nancy F.; Anthony T., by and through his mother, Christine H.; Kenneth R., by and through his mother, Nancy R.; Jeremiah M., by and through his mother, Susan M.; on behalf of themselves and all others similarly situated,
v.
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF EDUCATION; Eugene W. Hickok, in his official capacity as Secretary of the Department of Education; Garnet Valley School District; Philadelphia School District; Central York School District, Brian B.; Abdul R.; Byron A.; Ronelle W.; Steven S.; Anthony T.; Kenneth R.; Jeremiah M., Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued: March 2, 2000.
Opinion Filed: October 12, 2000.
Attorney(s) appearing for the Case
Marsha L. Levick (Argued), Juvenile Law Center of Philadelphia, 1315 Walnut Street, Fourth Floor Philadelphia, PA 19107, Attorney for Appellants.
Michael L. Harvey (Argued), Office of the Attorney General of Pennsylvania, Department of Justice Strawberry Square 15th Floor Harrisburg, PA 17120, Attorney for Appellees.
Theresa Glennon, Temple University School of Law 1719 North Broad Street Philadelphia, PA 19122, Attorney for Amici Curiae American Civil Liberties Union of Pennsylvania; Center for Law and Education; National Center for Youth Law; Youth Law Center; Children and Family Justice Center of Northwestern University School of Law; Professor Theresa Glennon; and Professor Dean Hill Rivkin.
Thomas B. Schmidt, III, Pepper, Hamilton & Scheetz P.O. Box 1181 Harrisburg, PA 17108-1181, Attorney for Amici Curiae American Probation and Parole Association; Center for Children's Policy, Practice and Research; Center for Health, Achievement, Neighborhood, Growth and Ethnic Studies (Changes); Center for Research and Evaluation in Social Policy; The Center on Juvenile & Criminal Justice; Citizens United for the Rehabilitation of Errants (Cure); Council of Juvenile Correctional Administrators; Criminal Justice Center, The College of New Jersey; Dr. Barry Krisberg, National Council on Crime and Delinquency; National Center on Institutions and Alternatives; National Council on Crime and Delinquency; National Juvenile Detention Association; National Legal Aid and Defender Association; Pennsylvania Prison Society; and The Sentencing Project.
Before ROTH, BARRY and STAPLETON, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
STAPLETON, Circuit Judge:
Brian B. and a class of similarly situated school-aged youths ("Plaintiffs") appeal the District Court's denial of their motion for a preliminary injunction barring enforcement of a Pennsylvania statute on constitutional grounds. The statute, 24 Pa. Cons.Stat. § 13-1306.2(a) ("Subsection A"), limits the education available to youths convicted as adults and incarcerated in adult, county correctional facilities...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
