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A.W. v. JERSEY CITY PUBLIC SCHOOLS

No. 02-2056.

341 F.3d 234 (2003)

A.W. v. THE JERSEY CITY PUBLIC SCHOOLS; New Jersey Department of Education; Jeffrey V. Osowski, former Director, Division of Special Education; Barbara Gantwerk, Director, Office of Special Education Programs; Sylvia Elias, former Executive Director of Pupil Personnel Services; Priscilla Petrosky, Associate Superintendent for Special Education; John Iwanowski; Mary Hepburn; Joan Edmiston; Denise Braak; Mary Maceachern; Edward Fauerbach, Learning Disabilities Teacher-Consultants; Norma Chrisomalis; Gwendolyn Jackson; Linda Colon; Ronne Bassman; William Ronzitti; Roxanne Johnson, Supervisors of Special Education; Shanette Green, Teacher; Melinda Zangrillo, Coordinator of Compliance; Jane Doe and John Doe (1) — (5), all in their official and individual capacities, New Jersey Department of Education; Jeffrey V. Osowski; Barbara Gantwerk; Melinda Zangrillo, Appellants United States of America, Intervenor.

United States Court of Appeals, Third Circuit.

Filed August 19, 2003.

As Amended September 22, 2003.

Attorney(s) appearing for the Case

Todd J. Schwartz, Michael Lombardi, (Argued), Office of Attorney General, of New Jersey, Trenton, NJ, for Appellants.

Jeffrey E. Fogel, Nutley, Elizabeth A. Athos, (Argued), Ruth Deale Lowenkron, Newark, NJ, for Appellee A.W.

Stephen J. Edelstein, Schwartz, Simon, Edelstein, Celso & Kessler, Florham Park, NJ, for Appellees Jersey City, Public Schools; John Iwanoski; Mary Hepburn; Joan Edmiston; Denise Braak; Norma Chrisomalis; Linda Colon; Shanette Green; Gwendolyn Jackson.

Raymond R. Connell, Dwyer, Connell & Lisbona, Fairfield, NJ, for Appellees Sylvia Elias; Priscilla Hernandez Petrosky; Mary, Maceachern; Edward Fauerbach; William Ronzitti; Roxanne Johnson.

Sarah E. Harrington, (Argued), United States Department of Justice, Appellate Section, Washington, DC, for Intervenor-Appellee, United States of America.

BEFORE: McKEE, SMITH and COWEN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

Defendants the New Jersey Department of Education ("NJDOE"), Jeffrey Osowski, Barbara Gantwerk, and Melinda Zangrillo (collectively "State Defendants") appeal from the order of the United States District Court for the District of New Jersey denying their motion to dismiss. We must determine whether the State Defendants are entitled to constitutional immunity from plaintiff A.W.'s claims under section 504 of the...

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