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JOHNSON v. NEWBURGH ENLARGED SCHOOL DIST.

No. 00-7535.

239 F.3d 246 (2001)

Timothy Johnson, Sr. and Luaine Sims, on behalf of their minor son, T.J., Plaintiffs-Appellees, v. Newburgh Enlarged School District; Laval Wilson, Superintendent; Phillip Leahy, Former Superintendent; Ralph Pizzo, Former Acting Superintendent; Felix Gonzalez, Principal and Nicholas Bucci, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 31, 2001.

Attorney(s) appearing for the Case

MARK C. RUSHFIELD, Shaw & Perelson, LLP., Highland, N Y for Defendants-Appellants.

MICHAEL H. SUSSMAN, Stephen Bergstein, Law Offices of Michael H. Sussman, Goshen, N Y for Appellees.

Before: WALKER, Chief Judge, OAKES, and LEVAL, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge:

Plaintiffs, on behalf of their minor son, filed suit pursuant to 42 U.S.C. § 1983 asserting Fourteenth Amendment substantive due process violations based on an alleged assault on their son by his public school gym teacher.

Defendants bring this interlocutory appeal from an order by the District Court of the Southern District of New York (George A. Yanthis, Magistrate Judge...

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