Legal Opinion Regarding Constitutionality of the Use of Religious Venues for Public School Events

Size: px
Start display at page:

Download "Legal Opinion Regarding Constitutionality of the Use of Religious Venues for Public School Events"

Transcription

1 A NATIONWIDE PUBLIC INTEREST RELIGIOUS CIVIL LIBERTIES LAW FIRM 1055 Maitland Center Cmns. Second Floor Maitland, Florida Tel: Fax: Fifteenth St. N.W. Suite 1100 Washington, DC Telephone: Facsimile: Reply to: Virginia 100 Mountain View Road Suite 2775 Lynchburg, Virginia Tel: Fax: Legal Opinion Regarding Constitutionality of the Use of Religious Venues for Public School Events Liberty Counsel is a religious civil liberties legal education and defense organization. The purpose of this memorandum is to provide the status of the law concerning the use of nonsecular locations, such as a church campus, by public school districts for award ceremonies, graduation exercises, concerts, plays and other school-related events. Our opinion is that the use of nonsecular locations is constitutional, so long as the use does not violate the Establishment Clause of the First Amendment by failing any of the prongs of the three-part test established in the case of Lemon v. Kurtzman. 1 Consequently, there is no reason for public school districts to discontinue the use of nonsecular locations, one, when the use is for a legitimate secular school purpose, two, when the use would be neutral to a reasonable observer knowledgeable of all the facts, that is when the community would not think that the school district was endorsing or discouraging religion, and three, when the use does not grant authority that belongs to the school district to a religious entity or require continuing oversight by the school district so as to create an excessive government entanglement with religion. Foremost, there is no presumption that the use of nonsecular facilities by public schools is a per se violation of the Establishment Clause. 2 While a school district cannot endorse any religion or one religion over another, this prohibition does not require courts to sweep away or ignore all government actions that recognize or acknowledge the role of religion in our communities and the lives of our citizens. 3 The Supreme Court of the United States has determined that actions by governmental entities that involve or intersect with religion do not violate the Establishment Clause under various circumstances. First, the Establishment Clause is not violated when the use of nonsecular property has a secular purpose. When public school districts use religious property for legitimate 1 Lemon v. Kurtzman, 403 U.S. 602, (1971). 2 Porta v. Klagholz, 19 F.Supp.2d 290, 298 (D.N.J. 1998). 3 Skoros v. City of New York, 437 F.3d 1, (2d Cir. 2006). Religious Venues for Public School Events Legal Memorandum - Page 1

2 school functions, there is often no dispute over the purpose prong of the Lemon test. For instance, in Porta v. Klagholz, public school classes took place inside a church building pursuant to a lease between the charter school and the church. The lease arrangement did not violate the Establishment Clause because the lease had the secular purpose of providing space for educating children. 4 Similarly, when residents and taxpayers of Woonsocket, Rhode Island, brought action to enjoin an allegedly unconstitutional expenditure of state and local public funds to lease space from a Catholic institution for public school classroom use, the court determined that the lease represent[ed] nothing more than a pure rental of space to alleviate a shortage of classroom space in the Woonsocket public schools. But even if the plaintiffs could establish that the purpose of the lease arrangement was to provide aid to a church-related private school, Committee for Public Education & Religious Liberty v. Nyquist, [413 U.S. 756 (1973)], and Lemon v. Kurtzman, supra, indicate that this would not necessarily constitute a nonsecular purpose. 5 Second, the use of nonsecular property must not advance or inhibit religion. This principal effect prong of the Lemon test has been interpreted over time so as to consider advancement through the eyes of a reasonable observer, whether an adherent or nonadherent of religion, who must view the primary effect of the use as neither endorsing or disapproving of religion when informed of the relevant facts and history of the use. 6 The use of nonsecular property by a school district does not affect advancement of religion when the reasonable observer who is aware of the history and context of the community and forum would not conclude that the school district endorses any religion or one religion over another. For instance, the Porta court rejected the plaintiff's assertion that the mere leasing of public school space in a church building, without more, violates the First Amendment s Establishment Clause. The court reasoned that Establishment Clause jurisprudence asks the essential question whether the challenged public activity has the effect of advancing or inhibiting religion. 7 Whether an activity has the effect of advancing or inhibiting religion is dependent on the message that is conveyed to a reasonable person under the same conditions. The Thomas court concluded that use of a nonsecular facility by a public school and the incidentally related contact with religious symbols does not convey a message of endorsement because it would seem little more likely to subject public school children to undue religious influences than the location of a public school right next to a parochial school on the same city block, a happenstance clearly beyond First Amendment challenge. Certainly these contacts do not constitute evidence that a primary effect of leasing arrangement is the promotion of religion. 8 However, a Massachusetts district court disagreed with the ruling in Thomas, reasoning that it was not the mere 4 Porta, 19 F.Supp.2d at Thomas v. Schmidt, 397 F.Supp. 203, 208 (D.R.I., 1975). 6 See County of Allegheny v. American Civil Liberties Union, 492 U.S. 573, 620 (1989). 7 Porta, F.Supp.2d at 301. (citing Agostini v. Felton, 521 U.S. 203, (1997)). 8 Thomas, 397 F.Supp. at 212; see also Voswinkel v. City of Charlotte, 495 F. Supp. 588, 596 (D.N.C., 1980) (noting no Establishment Clause violation found where the state leases a building from a religious body for some secular purpose, as such decisions are devoid of religious significance ). Religious Venues for Public School Events Legal Memorandum - Page 2

3 exposure to religious symbols that is unconstitutionally impermissible but the message conveyed. Although the religious symbols were covered inside classrooms, the daily exposure to crosses and religious symbols outside the building while regularly attending public school at a facility leased from a church might be sufficient to render the arrangement unconstitutional if the message conveyed to the students links such symbols with their school. 9 Relying on a Supreme Court dissenting opinion, the Spacco court noted: Writing for the dissent [in County of Allegheny], Justice Kennedy stated that symbolic recognition or accommodation of religious faith may violate the [Establishment] Clause in an extreme case. 10 Even so, the Supreme Court majority has concluded that a religious organization's enjoyment of merely incidental benefits does not violate the prohibition against the primary advancement of religion. 11 Moreover, where religious use is made of public property, the Supreme Court has determined that the religious effects are remote, indirect and incidental when the arrangement does not confer any imprimatur of state approval on religious sects or practices. 12 Consequently, the Porta court concluded that the use of nonsecular property pursuant to a commercial lease does not impermissibly advance religion or convey a message of endorsement when the arrangement does not result in government indoctrination of religious beliefs and does not define the users of the facility by reference to religion. 13 The third prong of the Lemon test is excessive entanglement. Even when the use of nonsecular property has a secular purpose and a primary effect that neither endorses nor inhibits religion, it may still violate the Establishment Clause if administering the use would entail an impermissible intrusion or entanglement with the affairs of religious institutions. [T]he questions are whether the involvement is excessive, and whether it is a continuing one calling for official and continuing surveillance leading to an impermissible degree of entanglement. 14 Additionally, the Supreme Court has found an Establishment Clause violation when the arrangement for use vests government authority in a religious institution. 15 For example, the Spacco court concluded that a lease created excessive government entanglement with religion because it provided that the public school s use of property had to be consistent with the teachings of the Roman Catholic Church. The court reasoned that such a lease requirement was the functional equivalent of sharing the power to determine aspects of the public school curriculum with the church. 16 We should note that some courts have more recently combined the second and third 9 Spacco v. Bridgewater School Dept., 722 F.Supp. 834, (D. Mass. 1989). 10 Id. at Widmar v. Vincent, 454 U.S. 263, 273 (1981). 12 Id. at 274, Porta, 19 F.Supp.2d at Thomas, 397 F.Supp. at 212 (citing Walz v. Tax Comm n, 397 U.S. 664, 675 (1970). 15 Larkin v. Grendel s Den, Inc., 459 U.S. 116, (1982). 16 Spacco, 722 F.Supp. at 842. Religious Venues for Public School Events Legal Memorandum - Page 3

4 prongs of the Lemon test, principal effect and excessive entanglement, into one primary effect prong, stating that it is simplest to recognize why entanglement is significant and treat it... as an aspect of the inquiry into... effect. 8 Under that modified analysis, the court may examine whether the actions of the school constitute an endorsement, 9 whether the actions constitute an impermissible entanglement, 10 and whether the actions constitute coercion 11 in determining the existence of an Establishment Clause violation under the modified Lemon test. Two recent cases are instructive in applying the Lemon test in the context of a public school graduation at a religious venue. On May 31, 2010, in Does v. Enfield Public Schools, 12 the Connecticut District Court granted a preliminary injunction to prevent a school graduation from being held in a cathedral. Conversely, on July 19, 2010, in Does v. Elmbrook Joint Common School District, 13 a Wisconsin District Court granted a motion for summary judgment against plaintiffs who were attempting to prevent graduation from being held in a church. The facts in each case are important. In the Connecticut case, the plaintiffs conceded that they could not establish the purpose prong of the Lemon test. 14 However, the court found an Establishment Clause violation under the modified primary effect prong, which included an evaluation of whether an endorsement existed, whether there was excessive entanglement and whether that entanglement amounted to coercion. 15 The court found that holding the district s 2010 graduation ceremonies at First Cathedral constitutes an impermissible endorsement of religion based on both the character of the forum selected for the graduations and the history and context of Enfield Schools decision. 16 The court held that a reasonable observer attending the graduations would perceive the message that Enfield endorsed the readily perceptible religious views of First Cathedral based upon the character of that forum. The context surrounding that decision [to use the Cathedral] [including] statements about religious liberty as the reason to return to First Cathedral, helped guide the court s decision. 17 The facts also include a religious 8 Agostini v. Felton, 521 U.S. 203, 232 (1997). 9 County of Allegheny, 492 U.S. at Agostini, 521 U.S. at Altman v. Bedford Cent. School Dist., 245 F.3d 49, 75 (2nd Cir. 2001) 12 Does v. Enfield Public Schools, 2010 WL (D.Conn. 2010). 13 Does v. Elmbrook Joint Common School District, 2010 WL (E.D.Wis. 2010). 14 Enfield, 2010 WL at Id. at Id. at Id. at 18. Religious Venues for Public School Events Legal Memorandum - Page 4

5 organization (the Family Institute of Connecticut) lobbying the school board to move the high school graduations to First Cathedral for the sake of religious liberty in anticipation of future litigation. 18 In the view of that court, this influenced how the reasonable observer would understand the event to be religious, and not simply a secular graduation. 19 Additionally, the previous graduations involved requests by the school officials that the Cathedral cover or remove certain religious symbols, and although the Cathedral agreed to do so, the symbols were left standing throughout the graduation exercises. 20 This aided the court in making a decision that an Establishment Clause violation existed based on both the character of the forum selected for the graduations and the history and context of Enfield Schools decision. 21 In the Wisconsin case, the plaintiffs did not address the purpose prong, but they did claim an Establishment Clause violation under the modified primary effect prong, which included an evaluation of whether coercion existed, whether there was government endorsement, and whether there was excessive entanglement. 22 In that case, the religious symbols in the church that were not permanent were either covered or removed before graduation ceremonies. 23 When evaluating the coercion allegation, the court stated that cases relied on by the plaintiffs speak to coerced religious participation as opposed to exposure to religious symbols. 24 Additionally, the court specifically stated that a ceremony in a church is not necessarily a church ceremony. Indeed, there is simply no religious exercise at issue in this case, let alone one attributable to the District, in which students are arguably compelled to participate over their objections. 25 The court held that a lack of school district involvement in a religious activity likely to influence religious identity or induce participation undermined the allegations of unconstitutional coercion. 26 The court also found that no endorsement existed in that the history and context of the community and the forum reflect that secular concerns directed the move away from school facilities and that the secular purpose underlying the move [was] reaffirmed by the lack of any longterm arrangement between the District and the Church respecting use of the site. 27 Furthermore, the court found there to be no excessive entanglement in that there was no 18 Id. at Id. 20 Id. at Id. at Elmbrook, 2010 WL at Id. at Id. at Id. at Id. 27 Id. at 12. Religious Venues for Public School Events Legal Memorandum - Page 5

6 agreement (written or otherwise) through which the District could be said to have impermissibly delegated its authority to the Church. 28 Conclusion In summary, the use of nonsecular property by a school district is usually held constitutional if the facts and circumstances of the situation are such that there is a clear secular purpose for the use, the use does not endorse or discourage religion, and the reasonable observer who is aware of the history and context of the community and forum would not conclude that the school district endorses religion or one religion over another. Obviously, the arrangement could not convey public school authority to the religious entity or otherwise entangle the school district with religion. Within those constitutional parameters, there is no reason for public school districts to stop using nonsecular facilities for legitimate secular school functions or to consider religious venues inherently unsuitable. If Liberty Counsel can be of any assistance in these matters, please contact us by calling toll free (800) Id. at 14. Religious Venues for Public School Events Legal Memorandum - Page 6

RELIGION IN THE PUBLIC SCHOOLS

RELIGION IN THE PUBLIC SCHOOLS RELIGION IN THE PUBLIC SCHOOLS BACKGROUND RELIGIOUS LIBERTY IN AMERICA & OUR PUBLIC SCHOOLS Since its founding in 1913, the Anti-Defamation League (ADL) has been guided by its mandate of combating bigotry,

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS21254 Education Vouchers: An Overview of the Supreme Court s Decision in Zelman v. Simmons-Harris Christopher Alan Jennings,

More information

When Lemons Are Not Enough: An Analysis of the Lemon Test. In Establishment Clause Cases. Mariam Rahman. Education Law and Policy: Dean Kaufman

When Lemons Are Not Enough: An Analysis of the Lemon Test. In Establishment Clause Cases. Mariam Rahman. Education Law and Policy: Dean Kaufman When Lemons Are Not Enough: An Analysis of the Lemon Test In Establishment Clause Cases Mariam Rahman Education Law and Policy: Dean Kaufman The Lemon Test, established by Chief Justice Warren Burger in

More information

State Aid to Private Schools: A Question of Separation of Church and State

State Aid to Private Schools: A Question of Separation of Church and State VOLUME 4, NUMBER 1, 2010 State Aid to Private Schools: A Question of Separation of Church and State Fred C. Lunenburg Sam Houston State University ABSTRACT Historically, the Supreme Court generally has

More information

RELIGION IN THE PUBLIC SCHOOLS

RELIGION IN THE PUBLIC SCHOOLS RELIGION IN THE PUBLIC SCHOOLS TEACHING ABOUT RELIGIOUS HOLIDAYS THE DECEMBER DILEMMA Teachers must be careful not to cross the line between teaching about religious holidays (which is permitted) and celebrating

More information

Alexa Vouros* Courts have not been consistent in deciding whether students Establishment Clause and

Alexa Vouros* Courts have not been consistent in deciding whether students Establishment Clause and I PLEDGE ALLEGIANCE TO RELIGION? Alexa Vouros* I. INTRODUCTION Courts have not been consistent in deciding whether students Establishment Clause and Free Exercise rights are violated with the enactment

More information

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPLAINT IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ANAKA HUNTER, Plaintiff, v. CITY OF SALEM, MISSOURI, a municipality and political subdivision of the State of Missouri,

More information

AP UNITED STATES GOVERNMENT AND POLITICS 2007 SCORING GUIDELINES

AP UNITED STATES GOVERNMENT AND POLITICS 2007 SCORING GUIDELINES AP UNITED STATES GOVERNMENT AND POLITICS 2007 SCORING GUIDELINES Question 2 6 points Part (a): 1 point One point is earned for correctly identifying the establishment clause as the First Amendment clause

More information

LAW REVIEW MAY 2004 EAGLES TEN COMMANDMENTS PARK MONUMENT FAILS LEMON TEST. James C. Kozlowski, J.D., Ph.D. 2004 James C.

LAW REVIEW MAY 2004 EAGLES TEN COMMANDMENTS PARK MONUMENT FAILS LEMON TEST. James C. Kozlowski, J.D., Ph.D. 2004 James C. EAGLES TEN COMMANDMENTS PARK MONUMENT FAILS LEMON TEST James C. Kozlowski, J.D., Ph.D. 2004 James C. Kozlowski Prior to the Plattsmouth opinion described herein, at least four federal appeals courts and

More information

The Pledge of Allegiance: Under God is Under Scrutiny

The Pledge of Allegiance: Under God is Under Scrutiny The Pledge of Allegiance: Under God is Under Scrutiny Arsineh Arakel * I. INTRODUCTION: THE "UNDER GOD" PHRASE This article examines whether the phrase under God in the Pledge of Allegiance violates the

More information

Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Case 3:07-cv-01180-TEM Document 56 Filed 04/27/2009 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION JAMES E. TOMLINSON and DARLENE TOMLINSON, his wife, v. Plaintiffs,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Memorandum and Order IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CAROSELLA & FERRY, P.C., Plaintiff, v. TIG INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 00-2344 Memorandum and Order YOHN,

More information

SEPARATION OF CHURCH AND SCHOOL: GUIDANCE FOR PUBLIC CHARTER SCHOOLS USING RELIGIOUS FACILITIES. By Lisa Scruggs

SEPARATION OF CHURCH AND SCHOOL: GUIDANCE FOR PUBLIC CHARTER SCHOOLS USING RELIGIOUS FACILITIES. By Lisa Scruggs SEPARATION OF CHURCH AND SCHOOL: GUIDANCE FOR PUBLIC CHARTER SCHOOLS USING RELIGIOUS FACILITIES By Lisa Scruggs TABLE OF CONTENTS 3 EXECUTIVE SUMMARY 5 SECTION I Introduction 8 SECTION II Preserving Public

More information

Income Tax Deductions and Credits for Public and Nonpublic Education in Minnesota

Income Tax Deductions and Credits for Public and Nonpublic Education in Minnesota INFORMATION BRIEF Research Department Minnesota House of Representatives 600 State Office Building St. Paul, MN 55155 Nina Manzi, Legislative Analyst, 651-296-5204 Lisa Larson, Attorney/Legislative Analyst,

More information

The Law of Church and State: Public Aid to Sectarian Schools

The Law of Church and State: Public Aid to Sectarian Schools Cornell University ILR School DigitalCommons@ILR Federal Publications Key Workplace Documents 11-29-2010 The Law of Church and State: Public Aid to Sectarian Schools Cynthia Brougher Congressional Research

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA. JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, v. Adv. No.

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA. JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, v. Adv. No. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA In Re JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, Debtors. JUNG BEA HAN, Plaintiff. v. Adv. No. 05-03012 GE CAPITAL SMALL BUSINESS FINANCE

More information

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA V. CIVIL ACTION NO:

IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA V. CIVIL ACTION NO: IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA WILLIAM A. STANLEY Plaintiff V. CIVIL ACTION NO: JIM RUBENSTEIN in both his personal and official capacity as COMMISSIONER of the West Virginia Department

More information

United States Court of Appeals For the Eighth Circuit

United States Court of Appeals For the Eighth Circuit United States Court of Appeals For the Eighth Circuit No. 14-2726 Dordt College; Cornerstone University lllllllllllllllllllll Plaintiffs - Appellees v. Sylvia M. Burwell, in her official capacity as Secretary

More information

DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO. Court Address: 1437 Bannock Street Denver, CO 80202

DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO. Court Address: 1437 Bannock Street Denver, CO 80202 DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO Court Address: 1437 Bannock Street Denver, CO 80202 Plaintiff: JOHN GLEASON, in his official capacity as Supreme Court Attorney Regulation Counsel vs.

More information

Case 1:10-cv-00489-RWR Document 9 Filed 05/06/10 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:10-cv-00489-RWR Document 9 Filed 05/06/10 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Case 1:10-cv-00489-RWR Document 9 Filed 05/06/10 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NEW HOPE POWER COMPANY and OKEELANTA CORPORATION, v. Plaintiffs, UNITED STATES

More information

Attorneys and Counselors at Law

Attorneys and Counselors at Law GIBBS LAW FIRM, P.A. 5666 SEMINOLE BOULEVARD, SUITE TWO TELEPHONE: (727) 399-8300 SEMINOLE, FLORIDA 33772 FACSIMILE: (727) 398-3907 January 4, 2011 VIA EMAIL wvff@wvfamily.org Mr. Kevin McCoy West Virginia

More information

Arbitration in Seamen Cases

Arbitration in Seamen Cases Arbitration in Seamen Cases Recently, seamen have been facing mandatory arbitration provisions in their employment agreements which deny them their rights to a jury trial under the Jones Act, and also

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND NICOLE MARIE CRUZ, Plaintiff, v. C.A. No. 05-38S HARTFORD CASUALTY INSURANCE COMPANY, Defendant. DECISION AND ORDER WILLIAM E. SMITH, United

More information

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS. UNITED COALITION OF REASON INC., a Delaware corporation,

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS. UNITED COALITION OF REASON INC., a Delaware corporation, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS UNITED COALITION OF REASON INC., a Delaware corporation, PLAINTIFF v. No. CENTRAL ARKANSAS TRANSIT AUTHORITY, an Arkansas public corporation,

More information

Cby Christopher P. Keleher

Cby Christopher P. Keleher Church & Blurring the Lines STATE: Cby Christopher P. Keleher hurch and state interaction is inevitable. However, limits to this convergence exist. Under the Establishment Clause of the First Amendment

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:07cv257

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:07cv257 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:07cv257 MARVIN EDWARD ELLIS, ) ) Plaintiff, ) ) Vs. ) MEMORANDUM AND ) RECOMMENDATION MARGARET SPELLINGS,

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION E-WATCH, INC., Plaintiff, v. CIVIL ACTION H-12-3314 LOREX CANADA, INC., Defendant. MEMORANDUM OPINION & ORDER Pending before the

More information

Case 1:90-cv-02841-RCL Document 577 Filed 07/28/04 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:90-cv-02841-RCL Document 577 Filed 07/28/04 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Case 1:90-cv-02841-RCL Document 577 Filed Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LARRY D. STEWART, et al. Plaintiffs, Civil Action No. 90-2841 (RCL) vs. JOHN ASHCROFT

More information

Case 1:04-cv-00446-MHW Document 19 Filed 02/03/06 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

Case 1:04-cv-00446-MHW Document 19 Filed 02/03/06 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Case 1:04-cv-00446-MHW Document 19 Filed 02/03/06 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO LETHA RUPERT, Case No. CV 04-446-S-MHW Plaintiff, MEMORANDUM DECISION AND ORDER

More information

Case: 1:06-cv-04360 Document #: 27 Filed: 04/10/07 Page 1 of 5 PageID #:

Case: 1:06-cv-04360 Document #: 27 Filed: 04/10/07 Page 1 of 5 PageID #:<pageid> Case: 1:06-cv-04360 Document #: 27 Filed: 04/10/07 Page 1 of 5 PageID #: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ORLANDO QUILLES, LAWRENCE R. LYNCH and BROKERS

More information

A Special Section of the Reporter Sponsored by the Education Law Association LET S TAKE THE BAH HUMBUG OUT OF CHRISTMAS: A GUIDE TO

A Special Section of the Reporter Sponsored by the Education Law Association LET S TAKE THE BAH HUMBUG OUT OF CHRISTMAS: A GUIDE TO EDUCATION LAW INTO PRACTICE A Special Section of the Reporter Sponsored by the Education Law Association LET S TAKE THE BAH HUMBUG OUT OF CHRISTMAS: A GUIDE TO PERMISSIBLE ACTIVITIES AT PUBLIC SCHOOLS

More information

Harry Gamble June 24, 1993 Education Administrator Department of Education 663-93-0394 INTRODUCTION

Harry Gamble June 24, 1993 Education Administrator Department of Education 663-93-0394 INTRODUCTION Education Administrator Department of Education Mike Maher 465-3603 Deputy Commissioner Department of Education Enrollment of private and home school students in public schools Janice Gregg Levy Assistant

More information

Clerk of the United States District Court for the Northern District of California San Jose Division 280 South 1st Street San Jose, CA 95113

Clerk of the United States District Court for the Northern District of California San Jose Division 280 South 1st Street San Jose, CA 95113 January 15, 2010 Clerk of the United States District Court for the Northern District of California San Jose Division 280 South 1st Street San Jose, CA 95113 Attention: The Honorable Richard G. Seeborg

More information

STATEMENT UNDER LOCAL RULE 7.1(a)(3) NORTHERN DISTRICT OF NEW YORK

STATEMENT UNDER LOCAL RULE 7.1(a)(3) NORTHERN DISTRICT OF NEW YORK IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, v. Civil No. 1:07-cv-352-TJM-RFT ROBERT L. SCHULZ; WE THE PEOPLE FOUNDATION FOR CONSTITUTIONAL

More information

Case 1:07-cr-00220-BSJ Document 30 Filed 08/17/2007 Page 1 of 11

Case 1:07-cr-00220-BSJ Document 30 Filed 08/17/2007 Page 1 of 11 Case 1:07-cr-00220-BSJ Document 30 Filed 08/17/2007 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA V. 07 Cr. 220 (BSJ) PAUL BARNABA, GOVERNMENT S MEMORANDUM

More information

Case 3:10-cv-01715-PCD Document 91 Filed 08/11/11 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

Case 3:10-cv-01715-PCD Document 91 Filed 08/11/11 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Case 3:10-cv-01715-PCD Document 91 Filed 08/11/11 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SUBWAY INTERNATIONAL B.V., : Plaintiff : : v. : Case No.: 3:10-cv-01715 (PCD) : PANAYOTA

More information

SCHOOL LAW STUDY GUIDE CALIFORNIA STATE UNIVERSITY, NORTHRIDGE MICHAEL D. EISNER COLLEGE OF EDUCATION EDUCATIONAL LEADERSHIP & POLICY STUDIES

SCHOOL LAW STUDY GUIDE CALIFORNIA STATE UNIVERSITY, NORTHRIDGE MICHAEL D. EISNER COLLEGE OF EDUCATION EDUCATIONAL LEADERSHIP & POLICY STUDIES SCHOOL LAW STUDY GUIDE CALIFORNIA STATE UNIVERSITY, NORTHRIDGE MICHAEL D. EISNER COLLEGE OF EDUCATION EDUCATIONAL LEADERSHIP & POLICY STUDIES US CONSTITUTION General Welfare Clause is found in the preamble

More information

SCHOOL LAW STUDY GUIDE

SCHOOL LAW STUDY GUIDE SCHOOL LAW STUDY GUIDE CALIFORNIA STATE UNIVERSITY, NORTHRIDGE MICHAEL D. EISNER COLLEGE OF EDUCATION EDUCATIONAL LEADERSHIP & POLICY STUDIES US CONSTITUTION General Welfare Clause is found in the preamble

More information

CHILD PLACING AGENCY RELIG. CONFLICT H.B. 4188 (H-2), 4189, & 4190: ANALYSIS AS REPORTED FROM COMMITTEE

CHILD PLACING AGENCY RELIG. CONFLICT H.B. 4188 (H-2), 4189, & 4190: ANALYSIS AS REPORTED FROM COMMITTEE CHILD PLACING AGENCY RELIG. CONFLICT H.B. 4188 (H-2), 4189, & 4190: ANALYSIS AS REPORTED FROM COMMITTEE House Bill 4188 (Substitute H-2 as reported without amendment) House Bills 4189 and 4190 (as reported

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MIRANDA L. MAHER : CIVIL ACTION : v. : : MOORE COLLEGE OF ART AND DESIGN : NO. 98-2978 MEMORANDUM AND ORDER BECHTLE, J. FEBRUARY,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Goodridge v. Hewlett Packard Company Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARLES GOODRIDGE, Plaintiff, v. CIVIL ACTION H-07-4162 HEWLETT-PACKARD

More information

Case 3:15-md-02672-CRB Document 545 Filed 01/05/16 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case 3:15-md-02672-CRB Document 545 Filed 01/05/16 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case :-md-0-crb Document Filed 0/0/ Page of UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 0 IN RE: VOLKSWAGEN CLEAN DIESEL MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION

More information

Case 2:06-cv-04937-KSH-PS Document 36 Filed 09/28/2007 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 2:06-cv-04937-KSH-PS Document 36 Filed 09/28/2007 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Case 2:06-cv-04937-KSH-PS Document 36 Filed 09/28/2007 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NOT FOR PUBLICATION SAMUEL G. JONES, et. Al., Plaintiff, v. Civ. Action No. 06-4937

More information

Defendant brought a Motion to Suppress the DNA Testing Results or in the alternative,

Defendant brought a Motion to Suppress the DNA Testing Results or in the alternative, STATE OF MINNESOTA COUNTY OF HENNEPIN COUNTY ` DISTRICT COURT FOURTH JUDICIAL DISTRICT STATE OF MINNESOTA, Plaintiff, vs. JIMMIE DALE JACKSON, File No: 04085182 ORDER AND MEMORANDUM OF LAW Defendant. Defendant

More information

Case 3:12-cv-01072-MJR-PMF Document 2 Filed 10/09/12 Page 1 of 14 Page ID #3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

Case 3:12-cv-01072-MJR-PMF Document 2 Filed 10/09/12 Page 1 of 14 Page ID #3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS Case 3:12-cv-01072-MJR-PMF Document 2 Filed 10/09/12 Page 1 of 14 Page ID #3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CYRIL B. KORTE, JANE E. KORTE, and KORTE & LUITJOHAN CONTRACTORS,

More information

RELIGION IN THE PUBLIC SCHOOLS

RELIGION IN THE PUBLIC SCHOOLS RELIGION IN THE PUBLIC SCHOOLS RELIGION IN THE CURRICULUM Public schools may not teach religion, although teaching about religion in a secular context is permitted. 1 The Bible may be taught in a school,

More information

Case 3:07-cv-06160-MLC-JJH Document 80 Filed 09/10/2008 Page 1 of 15

Case 3:07-cv-06160-MLC-JJH Document 80 Filed 09/10/2008 Page 1 of 15 Case 3:07-cv-06160-MLC-JJH Document 80 Filed 09/10/2008 Page 1 of 15 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : LAUREN KAUFMAN, et al., : CIVIL ACTION NO. 07-6160 (MLC) :

More information

Case 1:04-cv-01420-AK Document 9 Filed 01/12/05 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 1:04-cv-01420-AK Document 9 Filed 01/12/05 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Case 1:04-cv-01420-AK Document 9 Filed 01/12/05 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PENDA E. BYRD, : : Plaintiff, : : v. : Civil Action No. 04-1420 : (ESH) ADMIRAL MOVING

More information

Minors First Amendment Rights:

Minors First Amendment Rights: FEATURE All materials in this journal subject to copyright by the American Library Association Minors First Amendment Rights: CIPA ANd School libraries 16 Knowledge Quest Intellectual Freedom Online Volume

More information

FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION. Religious Holidays in the Public Schools

FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION. Religious Holidays in the Public Schools FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION 8C H A P T E R 8 the Public Schools the Public Schools: Questions and Answers is sponsored jointly by: American Academy of Religion American Association

More information

Laura Etlinger, for appellants. Ekaterina Schoenefeld, pro se. Michael H. Ansell et al.; Ronald McGuire, amici curiae.

Laura Etlinger, for appellants. Ekaterina Schoenefeld, pro se. Michael H. Ansell et al.; Ronald McGuire, amici curiae. ================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------

More information

Case 1:13-cv-11596-NMG Document 41 Filed 09/29/14 Page 1 of 12. United States District Court District of Massachusetts

Case 1:13-cv-11596-NMG Document 41 Filed 09/29/14 Page 1 of 12. United States District Court District of Massachusetts Case 1:13-cv-11596-NMG Document 41 Filed 09/29/14 Page 1 of 12 United States District Court District of Massachusetts BRIAN LENFEST, individually and on behalf of all others similarly situated, Plaintiff,

More information

Background on the First Amendment

Background on the First Amendment Background on the First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the

More information

Defendant. Pending before the Court is a motion (Dkt. No. 167) by defendant

Defendant. Pending before the Court is a motion (Dkt. No. 167) by defendant Case 1:08-cv-00623-RJA-JJM Document 170 Filed 08/01/11 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK THE AUTOMOBILE INS. CO. OF HARTFORD, CONNECTICUT a/s/o Sherry Demrick, v. Plaintiff,

More information

Case 3:06-cv-01134-P Document 13 Filed 08/14/06 Page 1 of 5 PageID 59

Case 3:06-cv-01134-P Document 13 Filed 08/14/06 Page 1 of 5 PageID 59 Case 3:06-cv-01134-P Document 13 Filed 08/14/06 Page 1 of 5 PageID 59 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION WILLIAM HAROLD GIDNEY, JR., ) Plaintiff, ) )

More information

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202. April 16, 2007. Opinion No.

S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202. April 16, 2007. Opinion No. Cable Bill under the Contract Clause S T A T E O F T E N N E S S E E OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202 April 16, 2007 Opinion No. 07-51 QUESTIONS House Bill 1421/Senate

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case 1:05-cv-00657-JMS-KSC Document 34 Filed 04/24/06 Page 1 of 13 PageID #: 139 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII GREGORY PETERSON, Next Friend of ZACHARY PETERSON; MARIA

More information

Case 2:05-cv-00268-JES-SPC Document 14 Filed 08/09/05 Page 1 of 6 PageID 59

Case 2:05-cv-00268-JES-SPC Document 14 Filed 08/09/05 Page 1 of 6 PageID 59 Case 2:05-cv-00268-JES-SPC Document 14 Filed 08/09/05 Page 1 of 6 PageID 59 TONY LUCIBELLO, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Plaintiff, vs. Case No. 2:05-cv-268-FtM-29SPC

More information

COURT OF APPEAL STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION FIVE CITY AND COUNTY OF SAN FRANCISCO. vs.

COURT OF APPEAL STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION FIVE CITY AND COUNTY OF SAN FRANCISCO. vs. COURT OF APPEAL STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION FIVE CITY AND COUNTY OF SAN FRANCISCO vs. Appellant, INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 39 From an Order of the San

More information

In re: Chapter 11. 824 SOUTH EAST BOULEVARD REALTY, INC., Case No. 11-15728 (ALG) MEMORANDUM OF DECISION AND ORDER. Introduction

In re: Chapter 11. 824 SOUTH EAST BOULEVARD REALTY, INC., Case No. 11-15728 (ALG) MEMORANDUM OF DECISION AND ORDER. Introduction UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x NOT FOR PUBLICATION In re: Chapter 11 824 SOUTH EAST BOULEVARD REALTY,

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. v. Case No: 2:13-cv-795-JSM-CM ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. v. Case No: 2:13-cv-795-JSM-CM ORDER Case 2:13-cv-00795-JSM-CM Document 59 Filed 10/28/14 Page 1 of 10 PageID 815 AVE MARIA SCHOOL OF LAW, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION v. Case No:

More information

DISTRICT OF COLUMBIA OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION Student Hearing Office 810 First Street, NE, 2nd Floor Washington, DC 20002

DISTRICT OF COLUMBIA OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION Student Hearing Office 810 First Street, NE, 2nd Floor Washington, DC 20002 DISTRICT OF COLUMBIA OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION Student Hearing Office 810 First Street, NE, 2nd Floor Washington, DC 20002 OSSE Student Hearing Office January 23, 2014 PETITIONER,

More information

The Interaction Between the Rules of Professional Conduct and Malpractice Actions in the District of Columbia, Maryland, and Virginia

The Interaction Between the Rules of Professional Conduct and Malpractice Actions in the District of Columbia, Maryland, and Virginia The Interaction Between the Rules of Professional Conduct and Malpractice Actions in the District of Columbia, Maryland, and Virginia By Dennis J. Quinn and Elizabeth A. Francis 1 The sanctioning of an

More information

COURT ORDER (Re: Defendant s Motion to Dismiss Complaint Pursuant to C.R.C.P. 12(b)(5)

COURT ORDER (Re: Defendant s Motion to Dismiss Complaint Pursuant to C.R.C.P. 12(b)(5) DISTRICT COURT, CITY & COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, Colorado 80202 Plaintiff(s): Transitional Medication, LLC v. Defendant(s): City and County of Denver; City of Denver Department

More information

UNITED STATES DISTRICT COURT DISTRICT OF MONTANA HELENA DIVISION

UNITED STATES DISTRICT COURT DISTRICT OF MONTANA HELENA DIVISION ETHAN W. BLEVINS, Mont. State Bar No. 37415893 10940 NE 33rd Place, Suite 210 Bellevue, Washington 98004 ewb@pacificlegal.org Telephone: (425) 576-0484 Facsimile: (425) 576-9565 JOSHUA P. THOMPSON, Cal.

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE I. INTRODUCION Case :-cv-00-rsm Document Filed 0// Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CGI TECHNOLOGIES AND SOLUTIONS, INC., in its capacity as sponsor and fiduciary for CGI

More information

Does the Establishment Clause Permit Under God in the Pledge?

Does the Establishment Clause Permit Under God in the Pledge? Center for Education in Law and Democracy Teacher s Directions Does the Establishment Clause Permit Under God in the Pledge? Rationale and Overview of Lesson: On March 24, 2004, the Supreme Court heard

More information

Case 5:10-cv-01025-OLG Document 150 Filed 11/12/12 Page 1 of 6

Case 5:10-cv-01025-OLG Document 150 Filed 11/12/12 Page 1 of 6 Case 5:10-cv-01025-OLG Document 150 Filed 11/12/12 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Hon. Orlando Garcia ERIC STEWARD, by his next friend

More information

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO. PACER Cover Sheet for Electronically Filed Documents

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO. PACER Cover Sheet for Electronically Filed Documents UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO PACER Cover Sheet for Electronically Filed Documents Any data shown here are current as of 06/10/06. Any element of information on this form, except

More information

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 14-2358. Plaintiffs - Appellants,

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No. 14-2358. Plaintiffs - Appellants, PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-2358 ANDON, LLC; RECONCILING PEOPLE TOGETHER IN FAITH MINISTRIES, LLC, v. Plaintiffs - Appellants, THE CITY OF NEWPORT NEWS, VIRGINIA,

More information

Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7

Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7 Case 1:04-cv-01512-RBK-AMD Document 540 Filed 08/21/2007 Page 1 of 7 COMMODITY FUTURES TRADING COMMISSION, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE HONORABLE ROBERT

More information

IN THE COUNTY COURT OF THE 16 TH JUDICIAL CIRCUIT FOR THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY MOTION TO SUPPRESS STATEMENTS

IN THE COUNTY COURT OF THE 16 TH JUDICIAL CIRCUIT FOR THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY MOTION TO SUPPRESS STATEMENTS IN THE COUNTY COURT OF THE 16 TH JUDICIAL CIRCUIT FOR THE STATE OF FLORIDA, IN AND FOR MONROE COUNTY STATE OF FLORIDA, Plaintiff, CASE NO: v., Defendant. / MOTION TO SUPPRESS STATEMENTS COMES NOW, the

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 MIDWAY GAMES INC, et al. Case No. 09-10465 (KG (Jointly Administered Debtors. THRESHOLD ENTERTAINMENT, INC, Plaintiff,

More information

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC SUPERIOR COURT

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC SUPERIOR COURT STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC SUPERIOR COURT BRYAN J. GARTNER, Alias : : v. : C.A. NO.: 00-1053 : STATE FARM MUTUAL AUTOMOBILE : INSURANCE COMPANY : D E C I S I O N WILLIAMS,

More information

FEBRUARY 2012 LAW REVIEW PARK OCCUPATION PROTEST PROTECTED SPEECH OR CAMPING?

FEBRUARY 2012 LAW REVIEW PARK OCCUPATION PROTEST PROTECTED SPEECH OR CAMPING? PARK OCCUPATION PROTEST PROTECTED SPEECH OR CAMPING? James C. Kozlowski, J.D., Ph.D. 2012 James C. Kozlowski As the Occupy Wall Street protest movement became more widespread, many cities faced the prospect

More information

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172

Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 Case: 1:10-cv-00363-WHB Doc #: 31 Filed: 09/02/10 1 of 14. PageID #: 172 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES MEYER, v. Plaintiff, DEBT RECOVERY SOLUTIONS

More information

Case 2:07-cv-02175-JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8

Case 2:07-cv-02175-JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8 Case 2:07-cv-02175-JPM-dkv Document 85 Filed 01/08/2008 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION SPINE SOLUTIONS, INC., a Delaware Corporation,

More information

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. v. MEMORANDUM AND ORDER Case 0:10-cv-00772-PAM-RLE Document 33 Filed 07/13/10 Page 1 of 8 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Ideal Development Corporation, Mike Fogarty, J.W. Sullivan, George Riches, Warren Kleinsasser,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ) ) )

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ) ) ) Case 5:10-at-99999 5:10-cv-00097-sgw Document -jgw 54 Document (Court only 1 Filed 09/21/10 Page 1 1 of of 6 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION

More information

The Fiduciary Exception to the Attorney-Client Privilege and Its Application in Litigation. by George O. Peterson

The Fiduciary Exception to the Attorney-Client Privilege and Its Application in Litigation. by George O. Peterson The Fiduciary Exception to the Attorney-Client Privilege and Its Application in Litigation by George O. Peterson I. INTRODUCTION Trusts and estates attorneys who represent fiduciaries may have little occasion

More information

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION UNITED STATES OF AMERICA, VS. Plaintiff, HENRY D. GOLTZ, EVANGELINA

More information

Case 2:09-cv-04344-MSG Document 27 Filed 01/26/11 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:09-cv-04344-MSG Document 27 Filed 01/26/11 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:09-cv-04344-MSG Document 27 Filed 01/26/11 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LISA K. RICHARD : CIVIL ACTION : v. : : US AIRWAYS, INC., et al

More information

42 Bankruptcy Code provision, 11 U.S.C. 526(a)(4), alleging that the provision s prohibition on debt

42 Bankruptcy Code provision, 11 U.S.C. 526(a)(4), alleging that the provision s prohibition on debt 07-1853-cv Adams v. Zelotes 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 4 5 6 August Term, 2008 7 8 (Argued: October 10, 2008 Decided: May 18, 2010) 9 10 Docket No. 07-1853-cv 11 12 13

More information

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CAPITAL COMMUNITY COLLEGE STUDENT SENATE, CAPITAL COMMUNITY COLLEGE BLACK STUDENT UNION, CAPITAL COMMUNITY COLLEGE LATIN AMERICAN STUDENT ASSOCIATION,

More information

Case 4:15-cv-00054-RGD-DEM Document 75 Filed 07/01/16 Page 1 of 10 PageID# 878

Case 4:15-cv-00054-RGD-DEM Document 75 Filed 07/01/16 Page 1 of 10 PageID# 878 Case 4:15-cv-00054-RGD-DEM Document 75 Filed 07/01/16 Page 1 of 10 PageID# 878 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Newport News Division G.G., by his next friend and mother,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. v. No. 09-CV-956 JEC/DJS MEMORANDUM OPINION AND ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. v. No. 09-CV-956 JEC/DJS MEMORANDUM OPINION AND ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. No. 09-CV-956 JEC/DJS TRICORE REFERENCE LABORATORIES, Defendant. MEMORANDUM OPINION

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHN FAULKNER, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. ADT SECURITY SERVICES, INC.; ADT SECURITY

More information

2011 WL 529511 Only the Westlaw citation is currently available. United States District Court, W.D. Missouri, Central Division.

2011 WL 529511 Only the Westlaw citation is currently available. United States District Court, W.D. Missouri, Central Division. 2011 WL 529511 Only the Westlaw citation is currently available. United States District Court, W.D. Missouri, Central Division. Ramona Denise WILHOITE, individually and on behalf of other similarly situated,

More information

Case 1:07-cv-01949-LTB Document 17 Filed 01/23/2008 Page 1 of 6

Case 1:07-cv-01949-LTB Document 17 Filed 01/23/2008 Page 1 of 6 Case 1:07-cv-01949-LTB Document 17 Filed 01/23/2008 Page 1 of 6 Civil Case No. 07-cv-01949-LTB IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE UNITED STATES OF

More information

Case 2:14-cv-00167-JCM-CWH Document 7 Filed 03/25/14 Page 1 of 8

Case 2:14-cv-00167-JCM-CWH Document 7 Filed 03/25/14 Page 1 of 8 Case :-cv-00-jcm-cwh Document Filed 0// Page of 0 0 Ryan A. Hamilton NEVADA BAR NO. HAMILTON LAW S. Durango Dr., Ste. C Las Vegas, NV (0) - (0) - ryan@hamiltonlawlasvegas.com Attorney for the plaintiffs,

More information

Case 1:03-cv-01711-HHK Document 138-1 Filed 10/15/10 Page 1 of 9 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 1:03-cv-01711-HHK Document 138-1 Filed 10/15/10 Page 1 of 9 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case 1:03-cv-01711-HHK Document 138-1 Filed 10/15/10 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARILYN VANN, RONALD MOON, DONALD MOON, CHARLENE WHITE, RALPH THREAT, FAITH RUSSELL,

More information

STATE OF INDIANA HOUSE OF REPRESENTATIVES THIRD FLOOR STATE HOUSE INDIANAPOLIS, INDIANA 46204

STATE OF INDIANA HOUSE OF REPRESENTATIVES THIRD FLOOR STATE HOUSE INDIANAPOLIS, INDIANA 46204 STATE OF INDIANA HOUSE OF REPRESENTATIVES THIRD FLOOR STATE HOUSE INDIANAPOLIS, INDIANA 46204 Bruce Borders 7935 N State Road 59 Jasonville, IN 47438 Email: H45@in.gov Statehouse: 1-800-382-9841 Website:

More information

Internal Revenue Service Document Request to Department of Defense

Internal Revenue Service Document Request to Department of Defense Internal Revenue Service Document Request to Department of Defense The Defense Contract Audit Agency is not under a legal obligation, imposed by 26 U.S.C. 7602(a), to comply with an Internal Revenue Service

More information

INFORMAL OPINION 2014-06 WHEN CLIENT CONSENT IS NECESSARY IN LIMITED SCOPE REPRESENTATION OF CHAPTER 7 BANKRUPTCY DEBTOR

INFORMAL OPINION 2014-06 WHEN CLIENT CONSENT IS NECESSARY IN LIMITED SCOPE REPRESENTATION OF CHAPTER 7 BANKRUPTCY DEBTOR 30 Bank Street PO Box 350 New Britain CT 06050-0350 06051 for 30 Bank Street Professional Ethics Committee P: (860) 223-4400 F: (860) 223-4488 INFORMAL OPINION 2014-06 WHEN CLIENT CONSENT IS NECESSARY

More information

Religious Diets in Correctional Facilities: McCarter & English, LLP August 19, 2009

Religious Diets in Correctional Facilities: McCarter & English, LLP August 19, 2009 Religious Diets in Correctional Facilities: The Legal and Church Perspective Gregory D. Cote McCarter & English, LLP August 19, 2009 First Amendment Sincerity Test To merit protection ti under the First

More information

Case No. 08-56320. In the United States Court of Appeals For the Ninth Circuit

Case No. 08-56320. In the United States Court of Appeals For the Ninth Circuit Case: 08-56320 02/02/2009 Page: 1 of 5 DktEntry: 6793256 Case No. 08-56320 In the United States Court of Appeals For the Ninth Circuit ASSOCIATION OF CHRISTIAN SCHOOLS INTERNATIONAL, et al., Plaintiffs-Appellants,

More information

SUPREME COURT OF ARIZONA En Banc

SUPREME COURT OF ARIZONA En Banc SUPREME COURT OF ARIZONA En Banc DENNIS WAYNE CANION, ) Arizona Supreme Court ) No. CV-04-0243-PR Petitioner, ) ) Court of Appeals v. ) Division One ) No. 1 CA-SA 04-0036 THE HONORABLE DAVID R. COLE, )

More information

A Bill Regular Session, 2015 HOUSE BILL 1228

A Bill Regular Session, 2015 HOUSE BILL 1228 Stricken language would be deleted from and underlined language would be added to present law. 0 State of Arkansas As Engrossed: H// S// S// S// 0th General Assembly A Bill Regular Session, HOUSE BILL

More information

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER

Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9. United States District Court District of Massachusetts MEMORANDUM & ORDER Case 1:10-cv-10170-NMG Document 38 Filed 06/15/11 Page 1 of 9 WESTERN WORLD INSURANCE COMPANY, INC., Plaintiff, v. JAMES CZECH and WILLIAMS BUILDING COMPANY, INC., Defendants. United States District Court

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:11-cv-162-FtM-36SPC ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION. Case No. 2:11-cv-162-FtM-36SPC ORDER GAVIN'S ACE HARDWARE, INC., UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION Plaintiff, -vs- Case No. 2:11-cv-162-FtM-36SPC FEDERATED MUTUAL INSURANCE COMPANY, Defendant. ORDER

More information