M.A. v. ROCKLAND COUNTY DEPARTMENT OF HEALTH

No. 21-551 August Term, 2021.

53 F.4th 29 (2022)

M.A., ON BEHALF OF his minor children, H.R. & M., M.C., on behalf of her minor child, R.J., W.D., on behalf of his minor children, A. & J., N.D., on behalf of her minor children, L.M. & P., E.E., J., on behalf of their minor children, A. & S., J.J., on behalf of her minor child R., L.V.G., on behalf of his four minor children, P.J., on behalf of his minor child A., D. on behalf of their minor children, S. & O., R.J. on behalf of their minor children S. & O., K.K., on behalf of her minor children M. & G., L.K. on behalf of his minor child L., M.K., on behalf of his minor child, A., V.L., on behalf of their two minor children, V.M., on behalf of their minor child, I., A.M., on behalf of their minor child, I., T. on behalf of their minor children Y., N. & S., M.M., on behalf of their minor children Y., N. & S., K.M.M., on behalf of their minor children, S., K. & L., W.M., on behalf of their minor children, S., K. & L., K.M., on behalf of their minor children, R. & A., J.O., on behalf of her minor child, T., M.P., on behalf of his minor children, TR. & TE., L.P., on behalf of her minor child, M., M.R., on behalf of her minor children, R. & E., J.R., T.T., on behalf of his minor child, M., Y.T., on behalf of her minor child, Y., J.E., M.O., Plaintiffs-Appellants, v. ROCKLAND COUNTY DEPARTMENT OF HEALTH, Dr. Patricia Schnabel Ruppert, in her official capacity as Commissioner and in her individual capacity, Rockland County, Ed Day, in his official capacity as County Executive and in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 9, 2022.


Attorney(s) appearing for the Case

Michael H. Sussman , Sussman & Associates, Goshen, New York, for Plaintiffs-Appellants.

Larraine Feiden , Principal Assistant County Attorney ( Patrick John Fischer , Principal Assistant County Attorney, on the brief), for Thomas E. Humbach , County Attorney, County of Rockland Department of Law, New City, New York, for Defendants-Appellees.

Judge Park concurs in a separate opinion.


Plaintiffs-Appellants, who are the parents of minor children enrolled in the Green Meadow Waldorf School or the Otto Specht School and are residents of Rockland County, New York, bring this action against the Rockland County Department of Health and several Rockland County officials asserting various claims, including...

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