No Injunction, No Fees By Stephen Bergstein, Esq.

First published on April 7, 2009, on the Wait a Second! Website and reprinted with express permission of Stephen Bergstein, Esq. partner with the firm Bergstein & Ullrich, LLP.

The students at a high school in Yonkers walked out of the building in protest over budget cuts. When the administration subjected the students to discipline (5 day suspension), their attorney filed an order to show cause because the punishment did not fit the crime. After a hearing, the district court found that the students had a likelihood of success on the merits of their First Amendment claim that the suspension would constitute irreparable harm. The kids were spared further suspension.