Stratechuk v. Bd. of Educ., S. Orange-Maplewood Sch. Dist. , No. 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. 

Read Stratechuk v. Bd. of Educ., S. Orange-Maplewood Sch. Dist. , No. 08-3826

Appellate Information

On Appeal from the United States District Court for the Eastern District of New Jersey

Opinion Filed November 24, 2009

Judges

Before:  Sloviter, Fuentes, and Smith, Circuit Judges

Opinion by Sloviter, Circuit Judge 

Counsel

Counsel for Appellant:  Christopher A. Ferrara, Robert J. Muise

Counsel for Appellee:   Michael F. O'Neill, Purcell Ries Shannon Mulcahy & O'Neill, Robert B. Hoffman, Eckert Seamans Cherin & Mellott