United States Second Circuit

In suit over suspension of student who, using his parents' home computer, displayed via Internet instant messaging an icon depicting the shooting of a named teacher, order granting summary judgment for defendants school board and superintendent and refusing to exercise supplemental jurisdiction over state law claims is affirmed as it was reasonably foreseeable that the student's communication would cause a disruption within the school environment, and that it was appropriate not to exercise supplemental jurisdiction.

Appellate Information

• Decided 07/05/2007
• Published 07/05/2007

Judges

• JON O. NEWMAN, Circuit Judge., Before:  NEWMAN, WALKER, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Stephen Ciotoli, Fayetteville, N.Y. (Dennis G. O'Hara, O'Hara, O'Connell & Ciotoli, Fayetteville, N.Y., on the brief), for Plaintiffs-Appellants.


• For Appellees:
  
• Suzanne O. Galbato, Syracuse, N.Y. (Jonathan B. Fellows, Bond, Schoeneck & King, Syracuse, N.Y., on the brief), for Defendants-Appellees.