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DEMPSEY v. ALSTON

No. A-4975-06T3

966 A.2d 1 (2009)

405 N.J. Super. 499

Ted DEMPSEY, Sr., and Patricia Dempsey, individually and as guardians ad litem for their minor son, O.D., Plaintiffs-Appellants, v. Clarence ALSTON, Interim Superintendent of Pleasantville Public School District, Felicia M. Hyman, Assistant Principal of Pleasantville High School, and Pleasantville Board of Education, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 2009.

Attorney(s) appearing for the Case

George N. Polis, Ventnor City, attorney for appellants.

Hunt, Hamlin & Ridley, Newark, attorneys for respondents (Tracey S. Cosby, East Orange, of counsel and on the brief).

Anne Milgram, Attorney General, attorney for amicus curiae New Jersey Department of Education (Melissa H. Raksa, Deputy Attorney General, of counsel; Sookie Bae, Deputy Attorney General, on the brief).

Before Judges REISNER, SAPP-PETERSON and ALVAREZ.

The opinion of the court was delivered by

SAPP-PETERSON, J.A.D.

Plaintiffs Ted and Patricia Dempsey, individually and as guardians ad litem for their minor son, O.D., appeal from the denial of their motion for summary judgment and the grant of summary judgment to defendants Clarence Alston (Alston), Felicia M. Hyman (Hyman), and the Pleasantville Board of Education (Board), dismissing their amended complaint in its...

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