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Mears v. Board of Education of Sterling Regional High School District

United States District Court, D. New Jersey

March 31, 2014

ERVIN MEARS, JR. INDIVIDUALLY AND ON BEHALF MINOR CHILD M.M. Plaintiffs,
v.
BOARD OF EDUCATION OF THE STERLING REGIONAL HIGH SCHOOL DISTRICT, et al., Defendants.

ORDER

NOEL L. HILLMAN, District Judge.

AND NOW, this 31st day of March, 2014, it is

ORDERED that the motion to dismiss filed by defendants [5] is GRANTED; and it is further

ORDERED that plaintiffs' First Amendment claim against all defendants, and Title VI claim as against the Board of Education of the Sterling Regional High School District, are DISMISSED WITHOUT PREJUDICE, but that all of plaintiffs' other claims are DISMISSED WITH PREJUDICE; and it is further,

ORDERED that the motion to dismiss filed by plaintiffs [12] is DENIED; and it is further

ORDERED that, within 30 days after entry of this Order, plaintiffs may file an application for leave to file an amended complaint, attaching to any such application a copy of the proposed amended complaint, if they can overcome the deficiencies with respect to their First Amendment claim and Title VI claim as described in the Court's Opinion.


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