United States Second Circuit

In a case involving a student’s assertion of a First Amendment right to return to school and make a statement disavowing a racial slur attributed to him, wherein plaintiff alleged violations of a student's rights to freedom of speech, freedom of association, due process and equal protection under the First and Fourteenth Amendments, as well as related state law claims, summary judgment for defendants is affirmed where the school officials alleged to have violated the student's rights were entitled to qualified immunity from such claims where the record demonstrated a significant probability that the student would be assaulted were he permitted to return to school and deliver his message.

Appellate Information

• Decided 10/13/2010
• Published 10/13/2010

Judges

• Per Curiam

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Raymond G. Kuntz, Diane K. Farrell