No. 22-241

Marie Farrell, et al. v. Kathleen Hochul, Governor of New York, et al.

Lower Court: Second Circuit
Docketed: 2022-09-14
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights disabilities-education due-process executive-agency executive-power idea individuals-with-disabilities-education-act injunction-standard pendency-provision public-interest school-mask-mandate state-executive-power
Key Terms:
SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2022-11-10
Question Presented (AI Summary)

Whether the State Executive's promulgation of a statewide school mask mandate that conflicts with the Individuals with Disabilities Education Act (IDEA) and the Pendency Provision under 20 U.S.C. §1415(j) satisfies the requirements for a preliminary injunction, including likelihood of success on the merits, irreparable harm, and the public interest

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Where the State Executive utilizes its executive agencies (i.e. the New York State Department of Health) to promulgate a law, namely, the State-wide school mask mandate, that directly conflicts with the Individuals with Disabilities Education Act (IDEA) and the Pendency Provision under 20 U.S.C. §1415G), have Petitioners shown (1) a likelihood of success on the merits, (2) irreparable harm, and (8) that an injunction is in the public interest? ii LIST OF ALL PARTIES Marie Farrell, individually, and all others similarly situated and on behalf of E.F., a student of New York City, and all others similarly situated, Patrick Donohue, individually, and all others similarly situated, and on behalf of S.J.D., a student with disabilities, and all others similarly situated, Angela Nolan, individually, and all others similarly situated and on behalf of S.N., a student with disabilities in New York State, and all others similarly situated, Petitioners, v. Kathleen Hochul, in her official capacity as Governor of New York, Eric Adams, in his official capacity as the Mayor of New York City, Howard Zucker, in his official capacity as the New York State Commissioner of Health, Betty Rosa, in her official capacity as the New York State Commissioner of Education, Lester Young, Jr., New York State Board of Regents, Meisha Porter, in her official capacity as the Chancellor of New York City Department of Education, Dave Chokshi, n his official capacity as Commissioner of New York City Department of Health, New York Department of Health, New York Department of Education, New York Board of Regents, New York City Department of Education, New York City Department of Health, Respondents.

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-25
DISTRIBUTED for Conference of 11/10/2022.
2022-10-04
Waiver of right of respondents Kathleen Hochul; Howard Zucker; Betty Rosa; Lester Young, Jr.; New York State Dep't of Health; New York State Department of Education; New York State Board of Regents to respond filed.
2022-09-30
Waiver of right of respondents Eric Adams, Ashwin Vasan, David C. Banks, New York City Department of Education, and New York City Department of Health to respond filed.
2022-09-08

Attorneys

Eric Adams, Ashwin Vasan, David C. Banks, New York City Department of Education, and New York City Department of Health
Amy McCamphillNew York City Law Department, Respondent
Amy McCamphillNew York City Law Department, Respondent
Kathleen Hochul; Howard Zucker; Betty Rosa; Lester Young, Jr.; New York State Dep't of Health; New York State Department of Education; New York State Board of Regents.
Barbara Dale UnderwoodSolicitor General, Respondent
Barbara Dale UnderwoodSolicitor General, Respondent
Marie Farrell, et al.
Rory J. BellantoniBrain Injury Rights Group, Ltd., Petitioner
Rory J. BellantoniBrain Injury Rights Group, Ltd., Petitioner