# Montesa v. Schwartz

> Court of Appeals for the Second Circuit · September 12, 2016 · 836 F.3d 176

URL: https://www.frixlaw.com/law-library/cases/8414241

## Case

- **Full name:** Rebecca MONTESA, individually and as a parent and natural guardian of C.W., E.W. and N.W., infants, Marie Jean Baptiste, individually and as a parent and natural guardian of PJB, DJB, and DJB, infants, Israel Mediua, individually and as a parent and natural guardian of H.M., infant, Marc E. Dorsanvil, individually and as a parent an natural guardian of M.D. and N.D., infants, Martine Narcisse, Ronald Rosemond, individually and as a parent and natural guardian A.L., infant, Marlene Israel, individually and as a parent and natural guardian of B.I. 1 and B.I. 2, infants, Kerline Louis, individually and as a parent and natural guardian of KL and RL, infants, Yolene Hippolyte, individually and as a parent and natural guardian of I.H. 1, I.H. 3 and R.H., infants, Marie Somise Louis, individually and as a parent and natural guardian of S.L., infant, Krystal Wilson, individually and as a parent, and natural guardian of E.W. and M.E., infants, Paul Rooney, individually and as a parent and natural guardian of DR, and JR, infants, Nasik Elahi, individually and as a parent and natural guardian of K.E. and S.E., infants, Donique Johnson, individually and as a parent and natural guardian of D.J., infant, Betty Carmand, individually and as a parent and natural guardian of D.E, J.E., and S.E., infants, Rosenay Jacques, individually and as parents and natural guardians of J.J., C.J., and A.L., infants, Elza Jacques, individually and as parents and natural guardians of J.J., C.J., and A.L., infants, Lana Rheubottom, individually and as a parent and natural guardian of J.R,, infant, Hiram Rivera, individually and as a parent and natural guardian of A.R. and T.R., infants, Steven White, individually, collectively and as parents and natural guardians of A.W., infant, Emilia White, individually, collectively and as parents and natural guardians of A.W., infant, Ramona Jones, individually and as a parent and natural guardian of Y.J., E.J., G.J., and T.J., infants, Wilma Glover-Koomson, individually and as a parent and natural guardian of F.K., infant, Yolanda White, Christopher Mesibov, individually and as parents and natural guardians of J.M. 1, and J.M. 2, infants, Donna Mesibov, individually and as parents and natural guardians of J.M. 1, and J.M. 2, infants, Alfred Cole, individually and as a taxpayer residing within the East Ramapo Central School District, Robert Malebranche, individually and as a taxpayer residing within the East Ramapo Central School District, Lorraine Alcimas, individually and as a taxpayer residing within the East Ramapo Central School District, Ireus Reginal, individually and as a taxpayer residing within the East Ramapo Central School District, Emmanuel Alexis, individually and as a taxpayer residing within the East Ramapo Central School District, Ovid Colas, individually and as a taxpayer residing within the East Ramapo Central School District, Kim Foskew, Lentz Eugene, individually and as a taxpayer residing within the East Ramapo Central School District, Lenard Sainvil, individually and as a parent and natural guardian of C.B. and W.B., infants, Franky Sanvil, individually and as a taxpayer residing within the East Ramapo Central School District, Adolfina Martinez, individually and as a parent and natural guardian of C.M. and E.M., infants, Monese Theodore, individually and as a parent and natural guardian of R.T., infant, Lana Auguste, individually and as a parent and natural guardian of SA, infant, Lilana Wilson-Orta, individually and as parents and natural guardians of SW, and AO, infants, Anthony Orta, individually and as parents and natural guardians of SW, and AO, infants, Kimberly Collica-Fox, individually and as a parent and natural guardian of A.C. and R.C., infants, Mallory Johnson, individually and as a parent and natural guardian of A.L., infant, Beverly Jones, individually and as a parent and natural guardian of T.S., infant, Kenice Hibbert, individually and as a parent and natural guardian of E.P., infant, Litia Hagans, individually and as a parent and natural guardian of D.C. and D.S., infants, Beverly Patterson Watson, individually and as a parent and natural guardian of J.W., infant, Flambert Telusca, individually, collectively and as parents and natural guardians of F.T. and S.T., infants, Enelle Pierre, individually and as a parent and natural guardian of C.P., J.P. and K.P., infants, Anne Carmand-Lundi, individually and as a parent and natural guardian of A.S. and PL., infants, Levy Cazeau, individually and as a parent and natural guardian of T.C., infant, Marie Josy Jean-Baptiste, individually and as a parent and natural guardian of HJB, JJB, and JJB, infants, Annie Crudop, individually and as a taxpayer residing within the East Ramapo Central School District, Julia Thompson, individually and as a taxpayer residing within the East Ramapo Central School District, Kenneth Isaacs, individually and as a taxpayer residing within the East Ramapo Central School District, Peter Sharpe, individually and as a taxpayer residing within the East Ramapo Central School District, Frantzie Lamarre-Cham, individually and as a parent and natural guardian of MC, MC, and MC, infants, Dorian Butcher, individually and as a parent and natural guardian of S.B., infant, Margaret Tuck, individually and as a parent and natural guardian of J.A., infant, Reginalda Bruno, individually and as a parent and natural guardian of S.A., infant, Rettvie Jourdain, individually and as a parent and natural guardian of P.D., infant, Maria Flores-Martinez, individually and as a parent and natural guardian of A.M., infant, Pearline Wray, individually and as a parent and natural guardian of R.M., infant, Sharon Parker, individually and as a parent and natural guardian of A.P., infant, Boileau Mehu, individually, collectively and as a parents and natural guardians of C.M., F.M. and K.M., infants, Martho Ferdinand, individually and as parents and natural guardians of WL and BL, infants, Jean Bernadin Laguerre, individually and as parents and natural guardians of WL and BL, infants, Lamartine Larame, individually and as a parent and guardian of L.L. 1 and L.L. 2, infants, Ethene Larame, individually and as a parent and natural guardian of I.L., J.L. and R.L., infants, Patrick Jeanbaptiste, individually and as a parent and guardian of PJ JR., DJ and DPJ, infants, Marie Mathelus, individually and as a parent and natural guardian of A.M., infant, Marie Aurelus, individually and as a parent and guardian of C.A. and J.A., infants, Jean-Rene Vicsama, individually and as a parent and natural guardian of F.V. and R.V., infants, Lucienne Saint Fort, individually and as a legal guardian of D.P., H.R. and M.P., infants, Vella Mardy-Arre, individually and as a parent and natural guardian of R.M., infant, Rony Jacques, individually and as a parent and natural guardian of M.J., T.J. and T.R.J., infants, Lisa Ross, individually and as a parent and natural guardian of DR, infant, Lisa Meyers, individually and as a parent and natural guardian of S.M., infant, Georges Delaleu, individually and as a parent and natural guradian of D.C., infant, Benita Giles, individually and as a parent and a natural guardian of B.G., infant, Patricia Collins, individually and as a parent and natural guardian of J.C. and J.M., infants, Demeruant C. Louisthelmy, individually and as a parent and natural guardian of D.L., M.L., and R.L., infants, Sergo Beauboeuf, individually and as a parent and natural guardian of M.M., infant, Junie Clautaire, individually and as a parent and natural guardian of C.C., J.J. and T.C., infants, Adele Fortune, individually, collectively and as parents and natural guardians of T.F., infants, Jocelin Noel, individually and as a parent and natural guardian of E.N. and J.N., infants, Roland Alexandre, individually, collectively and as a parent and natural guardian of D.A., E.A. and Z.A., infants, Presler Louis-Juste, individually and as a parent and natural guardian of ELJ, and PLJ, infants, Anna Narcisse, individually and as a legal guardian of JF and AM, infants, Harvey Williams, individually and as a legal guardian of M.A. and M.J., infants, Jesula Auguste, individually and as a taxpayer residing within the East Ramapo Central School District, Pierre Desrosiers, individually and as a parent and natural guardian of C.D., infant, Juliette Jean Kernosaint, individually, Gerold St. Brice, individually, Michelle Larame, individually and as a taxpayer residing within the East Ramapo Central School District, Jerison Lora, individually and as a taxpayer residing within the East Ramapo Central School District, Magda Desdunes, individually and as a parent and natural guardian of O.D., infant, Patricia Jourdain, individually and as a taxpayer residing within the East Ramapo Central School District, Deshawn Parker, individually and as a taxpayer residing within the East Ramapo Central School District, Russell Bishop, individually and as a taxpayer residing within the East Ramapo Central School District, Oswald Dubois, individually, Colin Grant, individually and as a taxpayer residing within the East Ramapo Central School District, Kenneth Bolt, individually and as a taxpayer residing within the East Ramapo Central School District, Chris Bibbins, individually and as a taxpayer residing within the East Ramapo Central School District, Joanne Cherimond, individually and as a taxpayer residing within the East Ramapo Central School District, Melverleen Bullock, individually and as a parent and natural guardian of C.B., infant, Cleavon Bullock, individually, Robert James, individually and as a taxpayer residing within the East Ramapo Central School District, Edens Zulme, individually and as a taxpayer residing within the East Ramapo Central School District, Rebecca Adjetey, individually and as a taxpayer residing within the East Ramapo Central School District, Rayshon Rettway, individually, Magda Pierre-Louis, individually and as a taxpayer residing within the East Ramapo Central School District, Tatiana Pierre-Louis, individually and as a taxpayer residing within the East Ramapo Central School District, Mariee Comeau, individually and as a taxpayer residing within the East Ramapo Central School District, AKA Marlee Comeau, Gerald Cheremeant, individually and as a taxpayer residing within the East Ramapo Central School District, Arthur Mondestin, individually and as a taxpayer residing within the East Ramapo Central School District, Rayshon Pettway, individually and as a taxpayer residing within the East Ramapo Central School District, Sybil Beach Edwards, individually and as a parent and natural guardian of A.E., infant, Antonio Miguel, individually and as a parent and natural guardian of A.M., infant, Judith Desir, individually and as a parent and natural guardian of J.S, infant, Enlus Viergeline, Viergeline Enlus individually and as a parent and natural guardian of GJ, MJ, infants, Naja Wilson, individually and as a parent and natural guardian of ET, ET and ET, infants, Dynaa Lature, individually and as a parent and natural guardian of D.D., infant, Minnie Wilson, individually and as a parent and natural guardian of I.W., infant, Familia Epps, individually and as a parent and natural guardian of J.E., infant, Prudence Wray, individually and as a parent and natural guardian of NR and GM, infants, Donna Garces, individually and as a parent and natural guardian of S.G., infant, Ingrid Rener, individually and as a parent and natural guardian of BE, and AE, and LE, infants, Odny Eugene, individually and as a parent and natural guardian of J.E., infant, Jean R. Marseille, individually, Jadia Dorcelly, individually, Badio Dosselaine, individually, Robert Badio, individually and as a taxpayer residing within the East Ramapo Central School District, Pierre Louis Cynille, individually, Murielle Guerin, individually and as a parent and natural guardian of M.G., infant, Ferdilus Dieudonne, individually and as a parent and natural guardian of JF, CF, and AF infants, Aline Telusca, individually, collectively and as parents and natural guardians of, F.T. and S.T., infants, Paul Larame, individually and as a parent and natural guardian of, V.L., infant, Valquise Louis Jacques, individually and as a parent and natural guardian of A.L., infant, Marie Rose Michel, individually and as a parent and natural guardian Y.M., infant, Nadege Dorcelly, individually and as a taxpayer residing within the East Ramapo Central School District, Sergo Pierre, individually and as a parent and natural guardian of A.P., infant, Cadet Sauval, individually and as a parent and natural guardian of A.S., infant, Tony Marseille, individually and as a parent and natural guardian of E.M., infant, Marie Louis, individually, collectively and as parents and natural guardians of S.L., infant, Judson Louis, individually, collectively and as parents and natural guardians of S.L., infant, Yolene Bonny, individually and as a parent and natural guardian of APJ and PJ, infants, Julia Derival, individually and as a parent and natural guardian of S.D., infant, Linda R. Gilbert, individually and as a parent and natural guardian of WG, DG, and JG, infants, Dievline St. Germain, individually and as a taxpayer residing within the East Ramapo Central School District, Mathie Diejuste, individually, Claude Dorcelly, individually and as a taxpayer residing within the East Ramapo Central School District, Marie Lafontant, individually and as a parent and natural guardian of S.D., infant, Laguerre Ciceron, individually, Marie Rose Exhautes, individually and as a taxpayer residing within the East Ramapo Central School District, Daphkar Fleuris, individually and as a taxpayer residing within the East Ramapo Central School District, Peggy Floyd, individually and as a parent and natural guardian of S.F., infant, Louis Wharton, individually and as a graduate of the East Ramapo Central School District, Courtney Joyce, individually, Blandine Laroque, individually and as a parent and natural guardian of S.M., infant, Joseph Charles Clerveaux, individually and as a parent and natural guardian of C.C., infant, Jean Jean Charles, individually and as a parent and natural guardian of D.C., infant, Marie Nicole Descas, individually, collectively and as parents and natural guardians of N.D. and S.D.., infants, Eugenie Eugene, individually and as a parent and natural guardian of A.R. 1 and A.R. 2, infants, Carmelle Mehu, individually, collectively and as a parents and natural guardians of C.M., F.M. and K.M., infants, U. Josie Alexandre, individually and as a parent and natural guardian of ZA, DA and EA, infants, Shelomithe Jean, individually and as a current student age 18 or older in the East Ramapo Central School District, Patricia Desroches, individually and as a graduate of the East Ramapo Central School District, Darlene Lauture, individually and as a parent and natural guardian of BL and AL, infant, Ruth Archange, individually and as a parent and natural guardian of J.L. and R.L.1 and R.L.2, infants, Emmanuel Augustin, individually and as a parent and natural guardian of E.A., K.A., M.A., and S.A., infants, Berthane Antoine, individually and as a taxpayer residing within the East Ramapo Central School District, Marilia Montilus, individually and as a parent and natural guardian of S.M., infant, Mark Griffith, Jr., individually, Meghan C. Fitzgerald, individually and as a parent and natural guardian of S.C., infant, Judy Karius, individually and as parents and natural guardians of F.K. infant, Matt Karius, individually and as parents and natural guardians of F.K. infant, Adolphe Lubin, individually and as a graduate of the East Ramapo Central School District, Agla Pierre, individually, collectively and as parents and natural guardians of G.P. infant, Gesner Pierre, individually, collectively and as parents and natural guardians of G.P. infant, Alexandra Joachim, individually and as a parent and natural guardian of S.J. infant, Alexandra Volcy, individually and as a parent and natural guardian of S.P. infant, Allissia Basquiat, individually and as a graduate of the East Ramapo Central School District, Amanda Bland, individually and as a parent and natural guardian of A.R. 1 and A.R. 2, infants, Amionne Charles, individually and as a taxpayer residing within the East Ramapo Central School District, Andrea Niedelman, individually and as a parent and natural guardian of A.N. and T.N., infants, Angela Jordan, individually and as a parent and natural guardian of R.P., infant, Anise Mack, individually and as current student age 18 or older of the East Ramapo Central School District, Anisha Carrasquillo, individually and as a parent and natural guardian of A.M. infant, Anita Cunningham, individually and as a taxpayer residing within the East Ramapo Central School District, Annajean Francois, individually and as a taxpayer residing within the East Ramapo Central School District, Anne Dieujuste, individually and as a taxpayer residing within the East Ramapo Central School District, Annebethe Guillame-Fish, individually and as a parent and natural guardian of S.P., infant, Annie F. Wilson, individually and as a parent and natural guardian of S.W., infant, Annie Thomspon, individually and as a taxpayer residing within the East Ramapo Central School District, Anselme Huguette, individually and as a parent and natural guardian of A.B. and E.B., infants, Anthony Gould, individually and as a parent and natural guardian of A.N. and T.N., infants, Antonio Etienne, individually and as a parent and natural guardian of B.E. and C.E., infants, Arkite Felix, individually and as a taxpayer residing within the East Ramapo Central School District, Assetne Bernard, individually and as a taxpayer residing within the East Ramapo Central School District, Barbara Turner, individually and as a parent and natural guardian of L.E., infant, Bethani Jones, individually and as a parent and natural guardian of JJ.1, J.J.2 and J.L., infants, Beverly Paige, individually and as a parent and natural guardian of D.C., infant, Bill Mack, individually and as a parent and natural guardian of A.M. and J.M., infants, Bonny Yolene, individually and as a parent and natural guardian of A.J. and P.J., infants, Brennah Harrison, individually and as a parent and natural guardian of N.S., infant, Carida Petit-Nan, individually and as a parent and natural guardian of J.P. and S.P., infants, Carl Jenkins, individually and as a parent and natural guardian of T.J., infant, Carla Johnson, individually and as a parent and natural guardian of L.R., infant, Carlo Joseph, individually and as a parent and natural guardian of C.J., J.J., and R.J., infants, Carmel Fede, individually and as a taxpayer residing within the East Ramapo Central School District, Carmelle Justine-Moreau, individually and as a taxpayer residing within the East Ramapo Central School District, Carol Sec, individually and as a taxpayer residing within the East Ramapo Central School District, Casey Ciceron, individually and as a taxpayer residing within the East Ramapo Central School District, Catherine Tellez, individually and as a parent and natural guardian of J.L., infant, Ceril Cayo, individually and as a parent and natural guardian of B.C., D.C. and R.C., infants, Chantal Jean, individually and as a parent and natural guardian of S.B., infant, Charles Louviere, individually and as a parent and natural guardian of J.L., infant, Cheri Paris-Hudson, individually, collectively and as parents and natural guardian of C.H. infant, John Hudson, individually, collectively and as parents and natural guardian of C.H. infant, Christina Duncan, individually, collectively and as parent and natural guardian of C.D. and S.D.,. infants, Ryan Duncan, individually, collectively and as parent and natural guardian of C.D. and S.D.,. infants, Christina Losier, individually and as a graduate of the East Ramapo Central School District, Christinia Patterson, individually and as a parent and natural guardian of D.B, and M.B., infants, Ciceron Laguerre, individually and as a taxpayer residing within the East Ramapo Central School District, Cindy Sevier, individually and as a parent and natural guardian of J.S.1 and J.S.2, infants, Constant Friend, individually and as a parent and natural guardian of N.F., infant, Courtney J. Jasmin, individually and as a taxpayer residing within the East Ramapo Central School District, Craig Beital, individually and as a parent and natural guardian of D.B., infant, Daniel Pierre Maurice, individually and as a parent and natural guardian of D.M. and J.M., infants, David McCray, individually and as a taxpayer residing within the East Ramapo Central School District, Dawn Holness, individually, collectively and as parents and natural guardians of D.H. infant, Eroll Holness, individually, collectively and as parents and natural guardians of D.H. infant, Debrah Brown, individually and as a parent and natural guardians of D.B., infant, Dementrius Holmes, individually and as a taxpayer residing within the East Ramapo Central School District, Denise Balthazar, individually and as a parent and natural guardian of D.B., infant, Denise Del Valle, individually and as a parent and natural guardian of L.J. and P.J., infants, Dieudonne Ferdilus, individually and as a parent and natural guardian of A.F. and C.F., J.F., K.F. and S.F., infants, Dominique Remy, individually and as a graduate of the East Ramapo Central School District, Donovan Dunkley, individually and as a graduate of the East Ramapo Central School District, Dorothy Rooney, individually and as a taxpayer residing within the East Ramapo Central School District, Dosselaine Badio, individually and as a taxpayer residing within the East Ramapo Central School District, Douglas Cantor, individually and as a parent and natural guardian of Z.C., infant, Edward Medina, Jr., individually and as a parent and natural guardian of J.M., infant, Elda Gouboth, individually and as a taxpayer residing within the East Ramapo Central School District, Eldine Ciceron, individually and as a taxpayer residing within the East Ramapo Central School District, Emma Subiao-Dizon, individually and as a parent and natural guardian of M.D., infant, Enid Lambert, individually and as a parent and natural guardian of A.M., infant, Enlus Viergeline, individually and as a parent and natural guardian of G.J. and M.J., infants, Ennedy Basquiat, individually and as a taxpayer residing within the East Ramapo Central School District, Espera Emmanuel, individually and as a taxpayer residing within the East Ramapo Central School District, Estel Cadet, individually and as a parent and natural guardian of A.C., infant, Esther Durandice, individually and as a taxpayer residing within the East Ramapo Central School District, Etonnante Joseph, individually and as a parent and natural guardian of R.J., infant, Fannie Onabanjo Q, individually and as a parent and natural guardian of D.B., infant, Fara St. Fleur, individually and as a taxpayer residing within the East Ramapo Central School District, Fatima Darlene Canico, individually and as a taxpayer residing within the East Ramapo Central School District, Felicia Evans, individually and as a parent and natural guardian of C.E. and M.E., infants, Flore St. Louis, individually and as a parent and natural guardian of V.S., infant, Francena Heyward, individually and as a parent and natural guardian of M.C. and M.S., infants, Francis Jamar, individually and as a parent and natural guardian of H.G., I.G. and N.G., infants, Franckel M. Joseph, individually and as a taxpayer residing within the East Ramapo Central School District, Francois Bevolus, individually and as a taxpayer residing within the East Ramapo Central School District, Frandy Georges, individually and as a taxpayer residing within the East Ramapo Central School District, Fred Michel, individually and as a taxpayer residing within the East Ramapo Central School District, Garfield Walker, individually and as a parent and natural guardian of A.W. and J.W., infants, Geniese Theagene, individually and as a parent and natural guardian of S.F., infant, Baudlafre Theagene, individually and as a parent and natural guardian of S.F., infant, Gerry Dedivitis, individually and as a parent and natural guardian of N.D., infant, Gina M. Duncan, individually and as a graduate of the East Ramapo Central School District, Gladys Cayo, individually and as a parent and natural guardian of M.P. and S.J., infants, Gloria Key, individually and as a parent and natural guardian of A.K., S.K. and T.K., infants, Guy Charles, individually and as a parent and natural guardian of A.C., M.C. and T.C., infants, Illyana Dejean, individually and as a parent and natural guardian of M.F., infant, Ingrid Boucicant, individually and as a graduate of the East Ramapo Central School District, Ingrid Pena, individually and as a parent and natural guardian of A.E., B.E. and C.E., infants, Iseniela Jean Charles, individually and as a graduate of the East Ramapo Central School District, Jacqueline Grannum, individually and as a parent and natural guardian of N.G.1, N.G.2 and N.G.3, infants, James Gulifield, individually and as a parent and natural guardian of J.G., Q.G. and Q.G.2, infants, Janay Jordan, individually and as a parent and natural guardian of J.F., infant, Jean Bellantou, individually and as a graduate of the East Ramapo Central School District, Jean Boucicant, individually and as a graduate of the East Ramapo Central School District, Jean Claude Auguste, individually, collectively and as parents and natural guardians of S.A., infant, Lana Auguste, individually, collectively and as parents and natural guardians of S.A., infant, Jean Denis, individually and as a parent and natural guardian of W.D., A.D. and S.D., infants, Jean Joseph, individually and as a parent and natural guardian of J.J. and K.J., infants, Jean Mario Vil, individually, collectively and as parents and natural guardians of R.V., infant, Marimene Vil, individually, collectively and as parents and natural guardians of R.V., infant, Jean Wilson Jocelin, individually and as a parent and natural guardian of S.J., infant, Jefhtey Cajuste, individually and as a parent and natural guardian of K.R., infant, Jermaine Walker, individually and as a parent and natural guardian of I.W., N.W. and T.W., infants, Jesita Ciceron, individually and as a graduate of the East Ramapo Central School District, Joceline Shangase, individually and as a parent and natural guardian of D.S., infant, Joel Gue, individually and as a graduate of the East Ramapo Central School District, John Boykin, individually and as a graduate of the East Ramapo Central School District, John Miles, individually and as a parent and natural guardian of X.M., infant, Johnberry Badio, individually and as a graduate of the East Ramapo Central School District, Jorge Montano, individually and as a parent and natural guardian of G.M., infant, Joseph Charles, individually and as a graduate of the East Ramapo Central School District, Joseph Fleurant, individually and as a graduate of the East Ramapo Central School District, Josette Francois, individually and as a graduate of the East Ramapo Central School District, Juana Santiago, individually and as a parent and natural guardian of C.G., infant, Jucange Gaspord, individually and as a graduate of the East Ramapo Central School District, Judith Israel, individually and as a graduate of the East Ramapo Central School District, Judith John-Robinson, individually and as a parent and natural guardian of L.R. and P.R., infants, Julysse Alexandre, individually and as a graduate of the East Ramapo Central School District, Justin Budde, individually and as a graduate of the East Ramapo Central School District, Kalicha Cameron, individually and as a parent and natural guardian of K.C. and O.C., infants, Kathleen Cancio, individually and as a graduate of the East Ramapo Central School District, Kathleen D. Castor, individually and as a graduate of the East Ramapo Central School District, Kathrin Ball, individually and as a parent and natural guardian of K.J. and L.J., infants, Kathryn Karius, individually and as a graduate of the East Ramapo Central School District, Katiana Same, individually and as a graduate of the East Ramapo Central School District, Katrina Grigsby, individually and as a parent and natural guardian of K.G., infant, Kelly Scott, individually and as a graduate of the East Ramapo Central School District, Kerney Oby, individually, collectively and as Grandparents and natural guardians of D.O., infant, Sandra Oby, individually, collectively and as Grandparents and natural guardians of D.O., infant, Ketna Frenel Forestal, individually and as a parent and natural guardian of D.F.1, D.F.2 and K.F., infants, Kimberly Trevisan, individually and as a parent and natural guardian of K.T., S.T., V.T.1 and V.T.2., infants, Kristen Rabeler, individually and as a parent and natural guardian of S.O., infant, Lachanda Johnson, individually and as a parent and natural guardian of R.J., infant, Laguerre Bernadin, individually and as a parent and natural guardian of B.L. and W.L., infants, Lamarre Beauvais, individually and as a graduate of the East Ramapo Central School District, Latasha D. Evans, individually and as a parent and natural guardian of O.J. and R.F., infants, Laticia Thezan, individually and as a parent and natural guardian of C.T. and J.T., infants, Latticha Ackerman, individually and as a parent and natural guardian of D.A. and J.J., infants, Leon Cayo, individually, collectively and as parents and natural guardians of I.C., infant, Mona Cayo, individually, collectively and as parents and natural guardians of I.C., infant, Linda Harvey, individually and as a parent and natural guardian of B.H. and T.H., infants, Lisa Goldberg, individually and as a parent and natural guardian of B.M., G.G., M.G. and S.M., infants, Lisa Phillips, individually and as a parent and natural guardian of O.P., Infant, Locita Pierre, individually and as a parent and natural guardian of C.E., infant, Lora Fullard, individually and as a graduate of the East Ramapo Central School District, Louis Jean Jacques, individually and as a parent and natural guardian of J.J., infant, Lucy Brocks, individually and as a graduate of the East Ramapo Central School District, Mack Roberts, individually and as a parent and natural guardian of S.L. and T.B., infants, Mae Ola McGill, individually and as a parent and natural guardian of T.L., infant, Manuel Palma, individually, collectively and as parents and natural guardians of C.P., J.P., and M.P., infants, Mayra Palma, individually, collectively and as parents and natural guardians of C.P., J.P., and M.P., infants, Marc-Auguste Desert, individually and as a graduate of the East Ramapo Central School District, Marcus Exantus, individually and as a graduate of the East Ramapo Central School District, Marguedala Lahens, individually and as a parent and natural guardian of I.L. and M.L., infants, Jean Emmanuel Lahens, individually and as a parent and natural guardian of I.L. and M.L., infants, Maria Singh, individually and as a parent and natural guardian of E.S., infant, Patrick Jean Baptiste, individually, collectively and as parents and natural guardians of D.J.1 and D.J.2 and P.J., infants, Marie Cadichon, individually and as a graduate of the East Ramapo Central School District, Marie Caizon, individually and as a graduate of the East Ramapo Central School District, Marie Charles, individually and as a graduate of the East Ramapo Central School District, Marie Clerveaux, individually and as a graduate of the East Ramapo Central School District, Marie Joseph, individually and as a graduate of the East Ramapo Central School District, Marie Katty Doreleus, individually and as a graduate of the East Ramapo Central School District, Marie Leonard, individually and as a parent and natural guardian of A.L., infant, Marie Theres Lubin, individually and as a parent and natural guardian of A.L.1, A.L.2, B.L. and S.L., infants, Marie Y Delpe Manbrun, individually and as a graduate of the East Ramapo Central School District, Marion Grant, individually and as a graduate of the East Ramapo Central School District, Marlene Sanchez, individually and as a parent and natural guardian of R.F., infant, Martha Saint Fort, individually and as a graduate of the East Ramapo Central School District, Mary Hayes, individually, collectively and as parents and natural guardians of Z.H., infant, Mary James Gibson, individually, collectively and as parents and natural guardians of K.C., infant, Maryann Williams, individually and as a parent and natural guardian of C.W., K.W., O.W., and T.W., infants, Mathieu Dieujuste, individually and as a taxpayer residing within the East Ramapo Central School District, Michael Lakes, individually and as a parent and natural guardian of A.L., infant, Michele Lovell, individually and as a parent and natural guardian of I.L., infant, Mini Jacob, individually and as a parent and natural guardian of J.J.1 and J.J.2., infants, Mona Leger, individually and as a parent and natural guardian of M.L. and S.L., infants, Myrtho Ferdinand, individually and as a parent and natural guardian of B.L. and W.L., infants, Nadia Dorcelly, individually and as a taxpayer residing within the East Ramapo Central School District, Namoi Joseph, individually and as a parent and natural guardian of M.R., infant, Nana Twum, individually and as a taxpayer residing within the East Ramapo Central School District, Nancy Toussaint, individually, collectively and as parents and natural guardians of H.T., infant, Raphael Toussaint, individually, collectively and as parents and natural guardians of H.T., infant, Naomi Bahle, individually and as a taxpayer residing within the East Ramapo Central School District, Naomi Legerme, individually and as a taxpayer residing within the East Ramapo Central School District, Naomy Laguerre, individually and as a parent and natural guardian of D.B. and J.A., infants, Natalie Sanchez, individually and as a parent and natural guardian of A.S., C.S. and M.S., infants, Neslie Cadet Altume, individually and as a taxpayer residing within the East Ramapo Central School District, Nicolas Montano, individually and as a taxpayer residing within the East Ramapo Central School District, Nicole Raphino, individually and as a parent and natural guardian of A.M., A.P. and M.M., infants, Onikka Whitehead, individually and as a parent and natural guardian of E.W. and I.W., infants, Oricha Hernandez, individually and as a taxpayer residing within the East Ramapo Central School District, Orlando Lorveus, individually and as a parent and natural guardian of A.L., D.L. and J.L., infants, Osny Exantus, individually and as a taxpayer residing within the East Ramapo Central School District, Pamela Hill, individually and as a parent and natural guardian of K.W.1 and K.W.2, infants, Pamela Simpson, individually and as a parent and natural guardian of Q.W., infant, Patricia Bynum, individually and as a taxpayer residing within the East Ramapo Central School District, Phyneschea Shaarieferel, individually and as a parent and natural guardian of J.J. and T.J., infants, Pierre Louis Cynille, individually and as a taxpayer residing within the East Ramapo Central School District, Priscilla Brown, individually and as a parent and natural guardian of A.A., infant, Prucile Valeus, individually, collectively and as parents and natural guardians of E.V., N.Y. and R.V., infant, Raquel Newell, individually and as a parent and natural guardian of H.N., infant, Raquel Paul, individually and as a graduate of the East Ramapo Central School District, Rasheed Jerimie, individually and as a taxpayer residing within the East Ramapo Central School District, Raymonde Beauvais, individually and as a taxpayer residing within the East Ramapo Central School District, Rebea Grarda, individually and as a taxpayer residing within the East Ramapo Central School District, Regine Tayette, individually and as a parent and natural guardian of M.M., infant, Rickey McGill, individually and as a parent and natural guardian of R.M. and S.M., infants, Robert McGee, individually and as a parent and natural guardian of R.M., infant, Robert Young, individually and as a parent and natural guardian of R.Y., infant, Marie Josie Alexandre, individually, collectively and as parents and natural guardians of D.A., E.A. and Z.A., infants, Roselaure Fleurantin, individually and as a parent and natural guardian of R.F. and S.F., infants, Rose Fraser, individually and as a taxpayer residing within the East Ramapo Central School District, Rowson Boirond, individually and as a graduate of the East Ramapo Central School District, Rubin Joanus, individually and as a parent and natural guardian of B.J. and G.J. and P.J., infants, Ruth Lauture-Walker, individually and as a parent and natural guardian of J.L., M.L. and O.L., infants, Sahara Evans, individually and as a graduate of the East Ramapo Central School District, Santana Allard, individually and as a parent and natural guardian of J.S. and S.A., infants, Serette Laurent, individually and as a parent and natural guardian of A.C., infant, Sharon Bryant, individually and as a taxpayer residing within the East Ramapo Central School District, Sheila Jackson, individually and as a parent and natural guardian of S.J., infant, Sheila Jeffries, individually and as a parent and natural guardian of A.J. and J.J., infants, Sherine Gordon, individually and as a parent and natural guardian of B.L.1 and B.L.2, infants, Shirley Jackson, individually and as a parent and natural guardian of T.W., infant, Siabhain Snead, individually and as a parent and natural guardian of C.B. and T.B., infants, Sonia B. Watkins, individually and as a parent and natural guardian of G.W., infant, Stepfon McCray, individually and as a graduate of the East Ramapo Central School District, Stephanie Karius, individually and as a graduate of the East Ramapo Central School District, Stephanie Laurent, individually and as a parent and natural guardian of G.M.1 and G.M.2., infants, Sterling Inzar, individually, collectively and as parents and natural guardians of DI. and T.I., infants, Lorraine Inzar, individually, collectively and as parents and natural guardians of DI. and T.I., infants, Sylvie Pierre, individually and as a parent and natural guardian of E.P., infant, Tamme Whitaker, individually and as a parent and natural guardian of R.W., infant, Terrel Ackerman, individually and as a graduate of the East Ramapo Central School District, Terry Bynum, individually and as a parent and natural guardian of A.B. and D.B., infants, Tjokdalem Arsa Artha, individually and as a taxpayer residing within the East Ramapo Central School District, Tracy Harris, individually and as a parent and natural guardian of C.H., E.H. and N.H., infants, Ulana Wilson-Orta, individually, collectively and as parents and natural guardians of A.O. and S.W., infant, Anthony Wilson-Orta, individually, collectively and as parents and natural guardians of A.O. and S.W., infant, Verona Grey, individually and as a graduate of the East Ramapo Central School District, Veronica Leveille, individually and as a parent and natural guardian of C.L., L.L., R.K., and S.L., infants, Victoria Copeland, individually and as a parent and natural guardian of D.C., infant, Victoria Jean Charles, individually and as a graduate of the East Ramapo Central School District, Virginia Harris, individually and as a parent and natural guardian of T.H., infant, Vital Joseph, individually, collectively and as parents and natural guardians of S.J., infant, Tanya Joseph, individually, collectively and as parents and natural guardians of S.J., infant, Welmir Francois, individually and as a graduate of the East Ramapo Central School District, Wilbur Stuart, individually and as a graduate of the East Ramapo Central School District, Willard Bodie, individually and as a parent and natural guardian of D.W., Infant, William Tynes, individually, collectively and as parents and natural guardians of D.S. and D.T., infants, TEAL Yvette Tynes, individually, collectively and as parents and natural guardians of D.S. and D.T., infants, William Flloyd, individually and as a parent and natural guardian of J.F., infant, Charles-Pierre, individually and as a taxpayer residing within the East Ramapo Central School District, Yolanda Barham, individually and as a parent and natural guardian of D.O., infant, Yolanda Navarro, individually and as a parent and natural guardian of R.P., infant, Yolande Paniague, individually and as a parent and natural guardian of L.H. and O.H., infants, Yolene Altidor, individually and as a taxpayer residing within the East Ramapo Central School District, Yonel Cadichon, individually and as a taxpayer residing within the East Ramapo Central School District, Yvelourd Trevil, individually and as a parent and natural guardian of Y.T., infant, Yveta Belange, individually, collectively and as parents and natural guardians of E.B. and Y.B., infants, Harry Belange, individually, collectively and as parents and natural guardians of E.B. and Y.B., infants, Yvonne Lorince, individually and as a parent and natural guardian of S.L., infant on behalf of a class of similarly situated persons, on behalf of themselves and on behalf of the East Ramapo Central School District, Taisha Paquiot, individually and as a parent and natural guardian of P.D., infant, Carold Fortune, individually, collectively and as parents and natural guardians of T.F., infants, Franky Sainvil, individually and as a taxpayer residing within the East Ramapo Central School District, Lisa Myers, individually and as a parent and natural guardian of S.M., infant, Sameson Deseas, individually, collectively and as parents and natural guardians of N.D. and S.D., infants, Carme Mehu, individually and as a graduate of the East Ramapo Central School District, Marjorie Metellus, individually and as a parent and natural guardian of I.C., infant, Harriet Chambers, individually and as a parent and natural guardian of A.J., J.C. and R.C., infants v. Daniel SCHWARTZ, Yehuda Weissmandl, Moses Friedman, Moshe Hopstein, Eliyahu Solomon, Aron Wieder, Morris Kohn, Richard Stone, Joel Klein, Eliezer Wizman, Albert D'Agostino, Nathan Rothschild, East Ramapo Central School District
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** September 12, 2016
- **Citations:** 836 F.3d 176; 2016 U.S. App. LEXIS 16648; 2016 WL 4728000
- **Precedential status:** Published
- **Opinion:** Dissent by Reiss
- **Judges:** Hall, Lohier, Reiss
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8414241

## How later opinions describe it (automated extraction)

- stating that “direct exposure standing” can occur where “a plaintiff is personally confronted with a government-sponsored religious expression that directly touches the plaintiff’s religious or non-religious sensibilities”
- declining to find standing based on a direct exposure theory where students alleged that they were “deprived of educational services because public funds, which otherwise would have been available to them, were diverted to” religious institutions
- observing that “[t]hese three theories evolved out of the unique context in which plaintiffs bring Establishment Clause claims”

## Opinion text

REISS, District Judge,
dissenting:
The majority holds that StudenWPlain-tiffs fail to allege standing to assert 42 U.S.C. § 1983 claims because they are only indirectly affected by Defendants’ alleged Establishment Clause violations. I respectfully disagree, and would affirm in part the district court’s decision. 1
The majority cabins StudenWPlaintiffs’ Establishment Clause claims to a “direct exposure theory” and, for that reason, addresses “only whether the StudenWPlain-tiffs have sufficiently pleaded a basis demonstrating their direct exposure to the unconstitutional establishment of religion.” Maj. Op. at 15-16 (footnote omitted). I believe Students-Plaintiffs’ claims are broader than the majority’s formulation, and that the Establishment Clause does not require “direct exposure” to the unconstitutional establishment of religion. See Sch. Dist. of Abington Twp. v. Schempp, 374 U.S. 203, 221 , 83 S.Ct. 1560 , 10 L.Ed.2d 844 (1963) (“The Establishment Clause, unlike the Free Exercise Clause, does not depend upon any showing of direct governmental compulsion - and is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce non-observing individuals or not.”). At the pleadings stage, I would find that Student-Plaintiffs adequately allege they are “directly affected by the ... practices against which their complaints are.directed.” Id. at 224 n.9, 83 S.Ct. 1560 .
Although Student-Plaintiffs bear the burden of establishing standing as a jurisdictional requirement, “standing allegations need not be crafted with precise detail, nor must the plaintiff prove his allegations of injury.” Baur v. Veneman, *202 352 F.3d 625, 631 (2d Cir.2003). Indeed, “general factual allegations of injury resulting from the defendant’s conduct may suffice[.]” Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). In determining standing,, we must “accept [ ] all well-pleaded allegations in the complaint as true [and] draw [ ] all reasonable infer- . enees in the plaintiffs favor.” Chabad Lubavitch of Litchfield Cty., Inc. v. Litchfield Historic Dist. Comm’n, 768 F.3d 183, 191 (2d Cir.2014) (alterations in original and internal quotation marks omitted) (reversing, and remanding district court’s dismissal of claims for lack of standing).
The majority concludes that Student-Plaintiffs fail to allege injuries that are sufficiently direct for prudential standing. The prudential standing doctrine is “in some tension with [the Supreme Court’s] recent reaffirmation of the principle that a federal court’s obligation to hear and decide cases within its jurisdiction is virtually unflagging.” Lexmark Int’l, Inc. v. Static Control Components, Inc., — U.S. -, 134 S.Ct. 1377, 1386 , 188 L.Ed.2d 392 (2014) (internal quotation marks omitted). At the pleadings stage, its requirements are neither stringent nor inflexible. See Flast v. Cohen, 392 U.S. 83, 99, 101 , 88 S.Ct. 1942 , 20 L.Ed.2d 947 (1968) (observing that “[standing has been called one of ‘the most amorphous (concepts) in the entire domain of public law[ ]’ ” and that “the emphasis in standing problems is on whether the party invoking federal court jurisdiction has ‘a personal stake in the-outcome of the controversy,’ and whether the dispute touches upon ‘the legal relations of parties having adverse legal interests[]’”) (citation and footnote omitted). Prudential standing ensures that Students Plaintiffs’ claims “fall within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question[,]” a standard that, at least for pleading purposes, is satisfied here. Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc., 454 U.S. 464, 475 , 102 S.Ct. 752 , 70 L.Ed.2d 700 (1982) (internal quotation marks omitted).
“The clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another.” Larson v. Valente, 456 U.S. 228, 244 , 102 S.Ct. 1673 , 72 L.Ed.2d 33 (1982). “Primary among those evils” against which the Establishment Clause guards “have been sponsorship, financial support, and active involvement of the sovereign in religious activity.” Comm. for Pub. Educ. & Religious Liberty v. Nyquist, 413 U.S. 756, 772 , 93 S.Ct. 2955 , 37 L.Ed.2d 948 (1973) (internal quotation marks omitted). “It is equally well established, however, that not every [practice] that confers an ‘indirect,’ ‘remote,’ or ‘incidental’ benefit upon religious institutions is, for that reason alone, constitutionally invalid.” Id. at 771 , 93 S.Ct. 2955 . For this reason, Establishment Clause cases are fact sensitive, 2 often requiring courts to “sift[ ] through the details[,]” employ “careful judgment[,]” and draw “fine distinctionsf.]” Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819, 847-48 , 115 S.Ct. 2510 , 132 L.Ed.2d 700 (1995) (O’Connor, J., concurring).
In a close ease like this one, we should hesitate to dismiss Student-Plaintiffs’ con *203 stitutional claims based on the application of “[s]ynthesiz[ed]” rules that emphasize narrow categories of “direct exposure[.]” Maj. Op. -at 19. Establishment Clause jurisprudence does not mandate that rigid approach. To the contrary, “[b]ecause standing in Establishment Clause cases can be shown in various ways,” Ariz. Christian Sch. Tuition Org. v. Winn, 563 U.S. 125 , 145, 131 S.Ct. 1436 , 179 L.Ed.2d 523 (2011), “[i]f an establishment of religion is alleged to cause real injury to particular individuals, the federal courts may adjudicate the matter.” Id. “Like other constitutional provisions, the Establishment Clause acquires substance and meaning when explained, elaborated, and enforced in the context of actual disputes.” Id.
This court’s decision in Altman v. Bed-ford Central School District, 245 F.3d 49 (2d Cir.2001) imposes no greater burden. The Altman court explained that “direct exposure to the challenged activity” is only one basis for Establishment Clause standing, which, unlike the Free Exercise Clause, does not require “ ‘proof that particular religious freedoms are infringed.’ ” Altman, 245 F.3d at 72 (quoting Schempp, 374 U.S. at 224 n.9, 83 S.Ct. 1560 ). As an example of “direct exposure,” the Altman court pointed to “students attending a public school, and their parents, hav[ing] standing to challenge a program of Bible reading in the school because they are ‘directly affected by the laws and practices against which their complaints are directed[.]’ ” Id. (quoting Schempp, 374 U.S. at 224 n.9, 83 S.Ct. 1560 ). In this dicta, the Altman court did not suggest that “direct exposure” required the students to actually be exposed to Bible reading. Altman thus reflects the important distinction that “a violation of the Free Exercise Clause is predicated on coercion while the Establishment Clause violation need not be so attended.” Schempp, 374 U.S. at 223 , 83 S.Ct. 1560 . For this same reason, a plaintiffs ability to avoid direct exposure is not a defense to an Establishment Clause violation. See id. at 224-25 , 83 S.Ct. 1560 (“[T]he fact that individual students may absent themselves [from Bible reading in school] upon parental request[ ] ... furnishes no defense to a claim of unconstitutionality under the Establishment Clause.”).
As the Altman court further recognized, the Establishment Clause does not require personal confrontation with, or constraint by, religious tenets, practices, or expressions; it requires only some “direct injury” as opposed to an “indefinite” injury indistinguishable from that suffered by' the public at large: “[t]he party who invokes the power must be able to show, not only that the [practice] is invalid but that he has sustained or is immediately in danger of sustaining some direct injury as a result of its enforcement, and not merely that he suffers in some indefinite way in common with people generally.” Altman, 245 F.3d at 72 . (quoting Doremus v. Bd. of Educ. of Borough of Hawthorne, 342 U.S. 429, 434 , 72 S.Ct. 394 , 96 L.Ed. 475 (1952)) (emphasis supplied).
In this case, each Studenú-Plaintiff attends one of the District’s public schools. Collectively, they challenge Defendants’ alleged systematic diversion of state and local taxes, federal funds, and grant monies in order to finance special education at Yeshivas. They identify the educational programs and resources formerly provided at their schools which are now unfunded, explain how they are entitled to have the diverted funds spent on their educations, 3 *204 and claim Defendants’ alleged diversion of resources deprives them of their “right to a sound basic education by the laws and policies of the federal government and the State of New York.” Joint App’x at 1072. StudenU-Plaintiffs allege they can demonstrate through budgetary records and academic test scores a direct causal link between Defendants’ alleged diversion of District funds and the academic harm they suffer. Accepting these allegations as true and drawing all reasonable inferences in StudenU-Plaintiffs’ favor, at the pleading stage, their causation allegations are not implausible. See Plyler v. Doe, 457 U.S. 202, 222 , 102 S.Ct. 2382 , 72 L.Ed.2d 786 (1982) (recognizing that the deprivation of an education exerts an “inestimable toll ... on the social economic, intellectual, and psychological well-being of the individual”).
In characterizing Student-Plaintiffs’ injuries as “too far removed, too attenuated, from the alleged unconstitutional component of the act of funneling public monies to support the advancement of Orthodox Hasidic Jewish sehools[,]” Maj. Op. at 22-23, the majority ignores the fact that the Student-Plaintiffs’ educational harm arises directly out of the allegedly unconstitutional acts, the general public, including taxpayers, are not suffering this same injury, and Studentr-Plaintiffs could not assert Establishment Clause claims if the District diverted the same funds for a secular purpose. As a result, Student-Plaintiffs’ alleged injuries are not “similar to that of any other individual who is affected by the District’s budget, regardless of whether that person is an employee, a student, a vendor, a taxpayer, or a citizen[,]” Maj. Op. at 25, and they do not allege a “generalized grievance[ ] ... [that would be] most appropriately addressed in the representative branches.” Valley Forge, 454 U.S. at 475 , 102 S.Ct. 752 (internal quotation marks omitted). Moreover, no other class of plaintiffs can assert this same claim or is better situated to assert a deprivation of this same interest. See Gladstone, Realtors v. Vill. of Bellwood, 441 U.S. 91, 99-100 , 99 S.Ct. 1601 , 60 L.Ed.2d 66 (1979) (noting that “under the prudential principles!,] • • • • the judiciary seeks to avoid deciding questions of broad social import where no individual rights would be vindicated and to limit access to the federal courts to those litigants best suited to assert a particular claim”).
Although the majority points out that the Student-Plaintiffs fail to cite precedent authorizing their Establishment Clause claim, it is equally true that there is no precedent prohibiting it. Accordingly, “[r]ather than attempting to define the outer limits” of the Establishment Clause “on the basis of the present record, the Court’s opinion [should] wisely permit[] the parties ... to create a factual record that will inform that decision.” United States v. Georgia, 546 U.S. 151, 160 , 126 S.Ct. 877 , 163 L.Ed.2d 650 (2006) (Stevens, J., concurring) (footnote omitted); see also Rosenberger, 515 U.S. at 838-39 , 115 S.Ct. 2510 (“If there is to be assurance that the Establishment Clause retains its force in guarding against those governmental actions it was intended to prohibit, we must in each case inquire first into the purpose and object of the governmental action in question and then into the practical details *205 of the program’s operation”). “Tenuous theories of liability are better assayed in the light of actual facts than in pleader’s supposition.” 'Adato v. Kagan, 599 F.2d 1111, 1117 (2d Cir.1979); see also Braden v. Univ. of Pittsburgh, 477 F.2d 1 , 4-5 (3d Cir.1973) (“It would perhaps be possible for us to decide this last issue on the present record' but we think we should not do so. Very important constitutional questions are presented and the Supreme Court has repeatedly informed us .that such difficult issues should not be decided except upon a full record and after adequate hearing.”) (collecting Supreme Court cases).
For the reasons set forth above, I would affirm in part the district court’s conclusion that Student-Plaintiffs have adequately alleged standing at the pleadings stage, and I would defer a determination of qualified immunity. 4
. I agree with the majority that Student-Plaintiffs cannot establish standing to challenge real estate transactions that were not consummated or the provision of a de minim-is number of religious books.
. In Town of Greece v. Galloway, - U.S. -, 134 S.Ct. 1811 , 188 L.Ed.2d 835 (2014), the Supreme Court, which was sharply divided as to the merits, nonetheless unanimously agreed that whether there is a violation of the Establishment Clause is a ''fact-sensitive” inquiry. 134 S.Ct. at 1825 (plurality opinion); id. at 1838 (Breyer, J., dissenting) ("As we all recognize, this is a 'fact-sensitive' case.”); id. at 1851 (Kagan, J., dissenting) ("The facts here matter to the constitutional issue; indeed, the majority itself acknowledges that the requisite inquiry [is] a 'fact-sensitive' one[.]”).
. Although the majority correctly points out "there is no free-standing federal constitutional right to a public education that entitles the Student-Plaintiffs to a minimum level of educational services[J” Maj. Op. at 25 n.15, the New York Constitution provides that the New *204 York Legislature “shall provide for the maintenance and support of a system of free common schools, wherein all the children of [that] state may be educated.” N.Y. Const. art. XI, § 1; see also Bd. of Educ., Levittown Union Free Sch. Dist. v. Nyquist, 57 N.Y.2d 27 , 453 N.Y.S.2d 643 , 439 N.E.2d 359, 369 (1982) (interpreting the New York Constitution to require provision of “a sound basic education”). In any event, an Establishment Clause claim does not require Student-Plaintiffs to establish that the violation deprived them of a free-standing federal constitutional right.
. See Johnson v. Jones, 515 U.S. 304, 317 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995) (observing that “an interlocutory appeal concerning [the factual basis for qualified immunity] in a sense makes unwise use of appellate courts’ time, by forcing them to decide in the context of a less developed record, an issue very similar to one they may well decide anyway later, on a record that will permit a better decision” and concluding that “we are persuaded that [i]mmunity appeals ... interfere less with the final judgment rule if they [are] limited to cases presenting neat abstract issues of law”) (internal quotation marks omitted).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8414241. Public record. Not legal advice.