O.T. EX REL. TURTON v. FRENCHTOWN ELEMENTARY SCHOOL DISTRICT BOARD OF EDUC.

Civil Action No. 05-2623(FLW).

465 F.Supp.2d 369 (2006)

O.T., a minor child, By And Through her next friends, Robert T. TURTON and Maryann Turton, Plaintiffs, v. FRENCHTOWN ELEMENTARY SCHOOL DISTRICT BOARD OF EDUCATION, et al., Defendants.

United States District Court, D. New Jersey.

December 11, 2006.


Attorney(s) appearing for the Case

Demetrios K. Stratis, Esq., Law Offices of Demetrios K. Stratis, Wayne, NJ, Jeffrey A. Shafer, Esq., Jeremy D. Tedesco, Esq., Benjamin W. Bull, Esq., Gary S. McCaleb, Esq., and David A. Cortman, Esq., Alliance Defense Fund, for Plaintiff, O.T., by and through her parents, Robert T. and Mary Ann Turton.

Ruseell Weiss, Jr., Esq., Parker McCay, PA, Lawrenceville, NJ, for Defendant, Frenchtown Elementary School District Board of Education.

Jennifer A. Klear, Esq., and Edward Barocas, Esq., American Civil Liberties Union of New Jersey, Newark, NJ, Wan J. Kim, Esq., Eric Treene, Esq., Javier M. Guzman Esq., and Andrew R. Cogar, Esq., U.S. Department of Justice, Washington, D.C., As amicus curiae on behalf of Plaintiff.


OPINION

WOLFSON, United States District Judge.

Presently before the Court are crossmotions for Summary Judgment by (i) Plaintiff, O.T., a student1 at Frenchtown Elementary School, by and through her parents, Robert T. Turton and Maryann Turton, and (ii) by Defendant2, the Frenchtown Elementary School District Board of Education ("the Board"). In addition, the American Civil Liberties Union ("ACLU...

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