United States Second Circuit
Montesa v. Schwartz, 14-3721
In a longstanding dispute between students enrolled in East Ramapo school district and the district public school system, alleging the school board defendants have promoted the Hasidic Jewish faith in violation of the First Amendment to the United States Constitution by (a) systematically funding Hasidic schools with public monies by manipulating the Individuals with Disabilities Education Act (IDEA) settlement process, (b) providing preferential treatment to Hasidic Institutions when they attempted to sell and lease two school buildings, and (c) buying religious books with public money and loaning the books to Hasidic schools, the District Court's decisions that plaintiffs have have standing to bring 42 U.S.C. section 1983 claims against the defendants and that the defendants are not entitled to qualified immunity are reversed and remanded where the student-plaintiffs lack standing to pursue their Establishment Clause claims, and therefore those claims must be dismissed,
Appellate Information
- Published 2016/09/12
Judges
- HALL
Court
- United States Second Circuit