holding that the plaintiff's "allegations of selective treatment [were] wholly conclusory ... [and] insufficient to defeat a motion to dismiss" where the plaintiff alleged "upon information and belief" that other students "who engaged in similar or more severe conduct ... received suspensions of a lesser duration" than he did
How later courts described this case
- holding that the plaintiff's "allegations of selective treatment [were] wholly conclusory ... [and] insufficient to defeat a motion to dismiss" where the plaintiff alleged "upon information and belief" that other students "who engaged in similar or more severe conduct ... received suspensions of a lesser duration" than he did
- granting defendant’s motion to dismiss Fourth Amendment claim for seizing student for psychological testing because student’s written “story, with its graphic depictions of a child brutally murdering his classmates, gave defendants reasonable grounds for fearing that plaintiff might carry out the acts he described”
- affirming, without supplementation, the district court’s conclusion that Tinker supported the school board’s suspension of a student after finding he had “threatened use and/or contemplated use of a weapon in violation of the Code of Conduct”
- conclusory allegations of different treatment fail to state a selective treatment claim
Written by the judges who cited it.
The opinion
SUMMARY ORDER
Plaintiff “D.F.,” through his father Andrew Finkle, appeals from a September 30, 2005 judgment of the District Court dismissing all of his claims against all defendants on the basis of the District Court’s September 12, 2005 Memorandum and Order, 386 F.Supp.2d 119 (E.D.N.Y.2005).
We assume the parties’ familiarity with the underlying facts and procedural history.
Substantially for the reasons stated in the thoughtful and comprehensive opinion of the District Court, we conclude that judgment for the defendants was appropriate for all claims.
We have carefully considered all of D.F.’s arguments and find them without merit. The judgment of the District Court is AFFIRMED.