Legal Opinion
Fialkowski v. Shapp
District Court, E.D. Pennsylvania
Decided December 17, 1975No. Civ. A. 74-2262PublishedCited by 47 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HUYETT, District Judge.
Invoking 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343, plaintiffs bring this action for damages claiming that defendant state and city officials have violated their rights to an appropriate education under the equal protection and the due process clauses of the Fourteenth Amendment to the Constitution. Plaintiffs contend that, as multiple-handicapped children, they are denied equal protection under the Constitution because unlike the programs offered to normal and less severely retarded children, the nature of the educational…
2Cases cited54 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Edelman v. JordanSupreme Court of the United States · 1974
- Monroe v. PapeSupreme Court of the United States · 1961
- Brown v. Board of EducationSupreme Court of the United States · 1954
49 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Toledo v. Sanchez-RiveraCourt of Appeals for the First Circuit · 2006
- Santiago v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1977
- Singer v. StateSupreme Court of New Jersey · 1984
- Armstrong v. KlineDistrict Court, E.D. Pennsylvania · 1979
- Patricia Sue Battle, by Her Parents and Next Friend June E. Battle and Donald E. Battle and June E. Battle and Donald E. Battle in Their Own Right, on Behalf of Themselves and All Others Similarly Situated v. Commonwealth of Pennsylvania, Caryl M. Kline, Secretary of Education, Commonwealth of Pennsylvania, Department of Education, the Abington School District, Dr. Carl B. Hoffman, Superintendent of the Abington School District, the Woods Schools, Dr. Harold S. Barbour, President of the Woods Schools. Bernard, Natalie, a Minor, by Her Parents and Natural Guardians Bernard, Clara M. And Bernard, Robert A. In Their Own Right, on Behalf of Themselves and All Others Similarly Situated v. Commonwealth of Pennsylvania, Kline, Caryl, Secretary of Education, Commonwealth of Pennsylvania, Department of Education, the Marple Newtown School District, Sanner, Glenn, Superintendent of the Marple Newtown School District, Elwyn Institute, Clard, Dr. Gerald R., President of the Elwyn Institute. Armstrong, Patricia and John, Individually and on Behalf of Their Minor Child, Gary Armstrong and Norma H., Individually and on Behalf of Her Minor Child, Richard H., on Behalf of Themselves and All Those Similarly Situated v. Kline, Caryl, Secretary of Education of the Commonwealth of Pennsylvania, Individually and in Her Official Capacity, the School District of Philadelphia, Michael Marcase, Individually and in His Official Capacity as Superintendent of the School District of Philadelphia and Arthur W. Thomas, Mrs. Edward Oberholtzer, Augustus Baxter, Mrs. Lawrence Boonin, Robert Sebastian, Mrs. Michael Stack, George Philip Stahl, Jr., and Dr. Nicholas Trolio, Individually and in Their Official Capacities as Members of the Board of Education of the School District of PhiladelphiaCourt of Appeals for the Third Circuit · 1980
42 more not listed; retrieve them via the Exa API.