Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Cave v. East Meadow Union Free School Dist.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 29, 2008

JOHN CAVE AND NANCY CAVE AS INDIVIDUALS, PARENTS, LEGAL GUARDIANS AND GUARDIANS AD LIDEM OF JOHN CAVE JR. AND JOHN CAVE JR., PLAINTIFFS,
v.
EAST MEADOW UNION FREE SCHOOL DISTRICT, W. TRESPER CLARKE HIGH SCHOOL, ROBERT R. DILLON AS ADMINISTRATION OF THE EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARE HIGH SCHOOL AND ROBERT R. DILLON INDIVIDUALLY AND PERSONALLY, JOSEPH BARBERA AS ADMINISTRATION OF THE EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARE HIGH SCHOOL AND JOSEPH BARBERA INDIVIDUALLY AND PERSONALLY, LEON J. CAMPO AS ADMINISTRATION OF THE EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARE HIGH SCHOOL AND LEON J. CAMPO INDIVIDUALLY AND PERSONALLY, TIMOTHY VOELS AS ADMINISTRATION OF THE EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARE HIGH SCHOOL AND TIMOTHY VOELS INDIVIDUALLY AND PERSONALLY, DEBORAH COATES AS PRESIDENT OF THE BOARD OF EDUCATION OF EAST MEADOW SCHOOL DISTRICT AND W. TRESPER CLARKE HIGH SCHOOL AND DEBORAH COATES INDIVIDUALLY AND PERSONALLY, BRIAN O'FLAHERTY AS VICE PRESIDENT OF THE BOARD OF EDUCATION OF EAST MEADOW SCHOOL DISTRICT AND W. TRESPER CLARKE HIGH SCHOOL AND BRIAN O'FLAHERTY INDIVIDUALLY AND PERSONALLY, DEBRA KIRSH, AS TRUSTEE OF THE BOARD OF EDUCATION OF EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARKE HIGH SCHOOL AND DEBRA KIRSH INDIVIDUALLY AND PERSONALLY, JUDY SHIECHEL, AS TRUSTEE OF THE BOARD OF EDUCATION OF EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARKE HIGH SCHOOL AND JUDY SHIECHEL INDIVIDUALLY AND PERSONALLY, WALTER SKINNER, AS TRUSTEE OF THE BOARD OF EDUCATION OF EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARKE HIGH SCHOOL AND WALTER SKINNER INDIVIDUALLY AND PERSONALLY, BARRY RUBINSTEIN, AS TRUSTEE OF THE BOARD OF EDUCATION OF EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARKE HIGH SCHOOL AND BARRY RUBINSTEIN INDIVIDUALLY AND PERSONALLY, JOSEPH PARISI, AS TRUSTEE OF THE BOARD OF EDUCATION OF EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARKE HIGH SCHOOL AND JOSEPH PARISI INDIVIDUALLY AND PERSONALLY, GERALDINE DODDATO AS ASSISTANT PRINCIPAL AND ADMINISTRATION OF THE EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARE HIGH SCHOOL AND GERALDINE DODDATO INDIVIDUALLY AND PERSONALLY, DARRYL STRABUK AS ASSISTANT PRINCIPAL AND ADMINISTRATION OF THE EAST MEADOW SCHOOL DISTRICT AND W. TRESPER CLARE HIGH SCHOOL AND DARRYL STRABUK INDIVIDUALLY AND PERSONALLY, PATRICE DOBIES AS AN EMPLOYEE, AGENT AND SERVANT OF EAST MEADOW UNION FREE SCHOOL DISTRICT AND W. TRESPER CLARKE HIGH SCHOOL AND PATRICE DOBIES INDIVIDUALLY AND PERSONALLY AND JOHN CAMPO AS AN EMPLOYEE, AGENT AND SERVANT OF EAST MEADOW SCHOOL DISTRICT AND W. TRESPER CLARKE HIGH SCHOOL AND JOHN CAMPO INDIVIDUALLY AND PERSONALLY, DEFENDANTS.

The opinion of the court was delivered by: Spatt, District J.

MEMORANDUM OF ORDER

This case is about a hearing impaired boy in high school whose family wants him to bring into school and into his classes a dog known as a service dog to assist him in his endeavors and to help train the dog. The school declined to allow the dog into the school on the grounds that the young man is being satisfactorily accommodated already and that the dog would cause problems for the student himself and for other students and teachers and would cause disruptions. On March 19, 2007 the Court issued a memorandum of decision and order denying the plaintiffs' request for a preliminary injunction against the school district. The plaintiffs appealed from that ruling. On January 23, 2008, the United States Court of Appeals for the Second Circuit found that this Court lacked subject matter jurisdiction over the action because the plaintiffs were required to exhaust the administrative remedies available under the IDEA before filing their suit in federal court. Therefore, pursuant to the ruling of the Second Circuit, the Court will dismiss the appellants' complaint in its entirety without prejudice for lack of subject matter jurisdiction.

For the foregoing reasons, it is hereby

ORDERED, that the plaintiffs' complaint is dismissed in its entirety, without prejudice; and it is further

ORDERED, that the Clerk of the Court is directed to close the case.

SO ORDERED.

ARTHUR D. SPATT United States District Judge

20080129

© 1992-2008 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.