FALCONE v. DICKSTEIN

Nos. 22-2701 and 22-2702.

92 F.4th 193 (2024)

George FALCONE, Appellant in No. 22-2701 v. Neil DICKSTEIN, Personally and in his capacity as the Superintendent of Freehold Public Schools; Michelle Lambert, Personally and in her capacity as the President of the Freehold Board of Education; Michael S. Amoroso, Personally and in his capacity as the Vice President of the freehold board of education; Jennifer Patten, Personally and in her capacity as a member of the freehold board of education; Debra Costanza, Personally and in her capacity as a member of the freehold board of education; Elena O'Sullivan, Personally and in her capacity as a member of the freehold board of education; Mary Cozzolino, Personally and in her capacity as a member of the freehold board of education; Meg Thomann, Personally and in her capacity as a member of the freehold board of education; Neil Gargiulo, Personally and in his capacity as a member of the freehold board of education; Kerry Vendittoli, Personally and as a member of the freehold board of education; Freehold Board of Education; Freehold Township Police Department; Myroslav Alfeldi, Personally and in his capacity as a freehold township police officer; John Does 1-25, Said names being fictitious Gwyneth K. Murray-Nolan, Appellant in No. 22-2702 v. Scott Rubin; Kurt Petschow; Lisa Carbone; Terry Darling; Brett Dryer; William Hulse; Nicole Sherrin Kessler; Maria Loikith; Patrick Lynch; Kristen Mallon; Cranford Board of Education; Jennifer Osbourne; Sciarrillo Cornell Merlino McKeever and Osbourne LLC; John Does 1-25; ABC Defendants 1-25; Anthony Sciarrillo; Cranford Police Department; Nadia Jones; Robert Chamra; Dennis McCaffery; Lesli Rice; Anthony Giannico.

United States Court of Appeals, Third Circuit.

Opinion filed: February 5, 2024.


Attorney(s) appearing for the Case

Ronald A. Berutti (Argued), Murray-Nolan Berutti, 136 Central Avenue, 2nd Floor, Clark, NJ 07066, Counsel for Appellants.

Ruby Kumar-Thompson (Argued), Cleary Giacobbe Alfieri & Jacobs, 169 Ramapo Valley Road, Upper Level 105, Oakland, NJ 07436, Eric L. Harrison (Argued), Methfessel & Werbel, 2025 Lincoln Highway, Suite 200, Edison, NJ 08818, Eileen M. Ficaro (Argued), Gregory S. Hyman , Brandon L. Wolff , Kaufman Dolowich & Voluck, 1650 Market Street, One Liberty Place, Suite 4800, Philadelphia, PA 19103, John F. Gillick (Argued), Martin Kane & Kuper, 180 Tices Lane, Suite 200, Building B, East Brunswick, NJ 08816, Kevin T. Fitzpatrick , Wood Smith Henning & Berman, 222 E. 41st Street, New York, NY 10017, Counsel for Appellees.

Before: KRAUSE, ROTH and AMBRO, Circuit Judges.


OPINION OF THE COURT

In the wake of the COVID-19 pandemic, federal, state, and local governments scrambled to implement policies to control the spread of the disease. These measures —which included mandates to wear face masks in public indoor spaces such as schools, businesses, and restaurants— spawned...

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