United States Third Circuit
Stratechuk v. Bd. of Educ., S. Orange-Maplewood Sch. Dist., 08-3826
In plaintiff's 42 U.S.C. section 1983 suit challenging school district's prohibition on celebratory religious music at school-sponsored events for the purpose of maintaining a policy of complete religious neutrality, summary judgment for the school district is affirmed as the court did not err in concluding that December concerts are not public fora, and that the school district's interpretation of the policy was reasonably related to legitimate pedagogical concerns.
Appellate Information
- Decided 11/24/2009
- Published 11/24/2009
Judges
- Before: SLOVITER, FUENTES, and SMITH, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Christopher A. Ferrara, American Catholic Lawyers Association, Inc., Fairfield, NJ, Robert J. Muise, (Argued), Ann Arbor, MI, for Appellant., Robert B. Hoffman, (Argued) Eckert, Seamans, Cherin & Mellott, Harrisburgh, PA, for Amici Anti-Defamation League, Jewish Congress, Jewish Council for Public Affairs, American Jewish Committee, National Council of Jewish Women.
- For Appellees:
- Michael F. O'Neill (Argued), Purcell, Ries, Shannon, Mulcahy & O'Neill, Bedminster, NJ, for Appellee.