No. 21-854

Rachel Maniscalco, et al. v. New York City Department of Education, et al.

Lower Court: Second Circuit
Docketed: 2021-12-09
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: civil-rights covid-19-mandate due-process employment employment-rights executive-order government-action professional-restriction public-health public-sector substantive-due-process vaccination
Key Terms:
DueProcess
Latest Conference: 2022-04-14 (distributed 2 times)
Question Presented (AI Summary)

Does the Executive Order violate the substantive due process rights of New York City public-school teachers whose sole employer is the DOE by preventing them from practicing their given profession?

Question Presented (OCR Extract)

QUESTION PRESENTED Respondents through an Executive Order demanded COVID-19 vaccinations for all publicschool employees, including teachers. Those who did not comply have been suspended without pay for a year and are not allowed to work anywhere else. Question presented: Does the Executive Order violate the substantive due process rights of New York City public-school teachers whose sole employer is the DOE by preventing them from practicing their given profession?

Docket Entries

2022-04-18
Petition DENIED.
2022-03-23
DISTRIBUTED for Conference of 4/14/2022.
2022-03-09
Brief of respondents New York City Department of Education, et al. in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
2022-01-21
Motion to extend the time to file a response is granted and the time is extended to and including March 9, 2022.
2022-01-20
Motion to extend the time to file a response from February 7, 2022 to March 9, 2022, submitted to The Clerk.
Main Document
2022-01-07
Response Requested. (Due February 7, 2022)
2021-12-29
DISTRIBUTED for Conference of 1/14/2022.
2021-12-27
Waiver of right of respondent New York City Department of Education, et al. to respond filed.
Main Document
2021-12-06
Petition for a writ of certiorari filed. (Response due January 10, 2022)
PetitionAppendixCertificate of Word CountProof of Service

Attorneys

New York City Department of Education, et al.
Richard Paul Dearing — New York City Law Department, Respondent
Richard Paul Dearing — New York City Law Department, Respondent
Susan Paulson — NYC Law Department, Respondent
Susan Paulson — NYC Law Department, Respondent
Rachel Maniscalco, et al.
Vinoo P. Varghese — Varghese & Associates, P.C., Petitioner
Vinoo P. Varghese — Varghese & Associates, P.C., Petitioner