814 F. Supp. 2d 209
E.D.N.Y2011Background
- Plaintiffs Caviezel and Schenk Caviezel seek a religious exemption from NY vaccination requirements to enroll CC in public school.
- The exemption claim rests on NY Public Health Law §2164(9) and purported federal constitutional grounds.
- The Court previously denied the plaintiffs’ request for a preliminary injunction and dismissed federal constitutional claims in Caviezel I and Caviezel II.
- At that time, CC’s school enrollment without inoculation was not permitted pending the state-law analysis.
- The remaining claim is under NY Public Health Law §2164(9); defendants moved for summary judgment.
- The Court elected to exercise pendant jurisdiction over the state-law claim due to timeliness and educational needs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to decline pendant jurisdiction over the state-law claim | Plaintiffs appeal parallel state litigation to Commissioner. | Defendants request dismissal to allow state proceeding to proceed first. | Court declines to dismiss; retains pendant jurisdiction. |
| Whether defendants are entitled to summary judgment on NY Public Health Law §2164(9) | Plaintiffs would show a genuine religious objection. | No valid religious objection; record includes no additional evidence. | Judgment as a matter of law for defendants; state-law claim dismissed. |
Key Cases Cited
- Caviezel v. Great Neck Public Schools, 701 F.Supp.2d 414 (E.D.N.Y. 2010) (preliminary injunction denial; findings on religious objections not established)
- Caviezel v. Great Neck Public Schools, 739 F.Supp.2d 273 (E.D.N.Y. 2010) (dismissal of federal claims; pendant jurisdiction discussed)
- Kaytor v. Electric Boat Corp., 609 F.3d 537 (2d Cir. 2010) (courts may not assess credibility on Rule 56 motions)
- Goodheart Clothing Co., Inc. v. Laura Goodman Enterprises, Inc., 962 F.2d 268 (2d Cir. 1992) (preliminary injunction context; weighing evidence principle)