WEIXEL v. BOARD OF EDUC. OF CITY OF NEW YORK

Docket Nos. 00-9149, 00-9150.

287 F.3d 138 (2002)

Frances WEIXEL and Rose Weixel, Plaintiffs-Appellants, v. The BOARD OF EDUCATION OF THE CITY OF NEW YORK; Community School District Two in the City of New York; Junior High School 104 in Manhattan; Office of Pupil Personnel Services, Community School District Two in Manhattan; Office of Student Health Services, Community District Two in Manhattan; Office of Student Support Services, The Board of Education of the City of New York; The Board of Education Office of Equal Opportunity; The Local Office of Equal Opportunity, Community School District Two in Manhattan; Ms. Marjorie Struk, Principal, JHS 104 in Manhattan; Ms. Joan Stockhamer, Guidance Counselor, JHS 104 in Manhattan; Ms. Rosemary Gaetani, Assistant Principal, JHS 104 in Manhattan; Mr. Anthony Alvarado, Superintendent, Community School District Two in Manhattan; Marge Robbins, Director, Office of Pupil Personnel Services, Community School District Two in Manhattan; Ms. Georganne Del Canto, Former Director, Office of Student Support Services, The Board of Education; Mr. Fred Kaeser, Coordinator of Student Health Services, Community School District Two in Manhattan; Ms. Tanya Lewis, Director, Board of Education Office of Equal Opportunity; Ms. Lorraine Smith, Local Coordinator, Local Office of Equal Opportunity, Community School District Two in Manhattan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 29, 2002.


Attorney(s) appearing for the Case

Lawrence T. Kass, Milbank, Tweed, Hadley & McCloy LLP, New York, NY, (Russell E. Brooks, Douglas W. Henkin on the brief), for Plaintiffs-Appellants.

A. Orli Spanier, Assistant Corporation Counsel, Corporation Counsel of the City of New York (Michael D. Hess, Corporation Counsel of the City of New York, Kristin M. Helmers, Assistant Corporation Counsel, of counsel, on the brief), New York, NY, for Defendants-Appellees.

Before POOLER and KATZMANN, Circuit Judges, and HURD, District Judge.


HURD, District Judge.

Plaintiff-appellants Rose Weixel ("Rose") and her mother, Frances Weixel, ("Ms. Weixel") (collectively, "plaintiffs") appeal from an August 8, 2000, judgment of the United States District Court for the Southern District of New York (Deborah A. Batts, District Judge) that dismissed plaintiffs' amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief could be granted. See Weixel...

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