''Immediato v. Rye Neck School District'', 73

F.3d The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by We ...

454 ( 2d. Cir. 1996) was a

Second Circuit Court of Appeals The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...

case involving the petitioner, a boy named Daniel Immediato and his parents, Eugene and Diane Immediato, against the respondent, Rye Neck School District in the village of Mamaroneck, New York. The court held that the school district did not violate Immediato's rights by requiring him to perform

community service Community service is unpaid work performed by a person or group of people for the benefit and betterment of their community without any form of compensation. Community service can be distinct from volunteering, since it is not always performe ...

Background

Daniel Immediato felt that the school district's policy of establishing mandatory

was in violation of his 13th and 14th Amendment rights. The school district required that 40 hours of community service be completed to graduate with no exceptions. Regulations on what could be done for community service were fairly lax, as all work for non-profit organizations with the exception of religious organizations that did no charitable work was accepted as community service. As part of a mandatory senior-year course, students had to complete a form about what community service they did and how it benefited them, and afterwards discuss it with the class. Certain goals had to be reached by certain periods of the senior year; goals and requirements in which some students of school board members were exempt from having to complete.

Complaint

Immediato brought forth the following charges: "Specifically, they assert that the program: (1) imposes involuntary servitude upon Daniel, in violation of the Thirteenth Amendment; (2) infringes on Daniel's parents' Fourteenth Amendment right to direct his upbringing and education; (3) infringes on Daniel's personal liberty, in violation of the Fourteenth Amendment; and (4) violates Daniel's right to privacy, in violation of the Fourteenth Amendment."

Result

The school district denied that any violation was made and argued that the court should abstain because of the ruling of '' Burford v. Sun Oil Co.'' (that federal court should not hear any case involving complicated state laws that deal with policy issues). The court decided against this ''Burford''

abstention Abstention is a term in election procedure for when a participant in a vote either does not go to vote (on election day) or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with ...

but found that none of the charges were true. Immediato proceeded to appeal using the same charges. Immediato's arguments were found to be invalid, and the court stuck with their ruling that the school district did not violate any of Daniel or his parents'

Constitutional A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these prin ...

rights in imposing community service.

References

External links

{{caselaw source , case = ''Immediato v. Rye Neck School District'', 73 F.3d 454 (2d. Cir. 1996) , cornell = , courtlistener =https://www.courtlistener.com/opinion/710873/daniel-immediato-diane-immediato-and-eugene-immediato-mario-gironda/ , findlaw = , justia =http://law.justia.com/cases/federal/appellate-courts/F3/73/454/556979/ , oyez = , vlex = , openjurist = https://openjurist.org/73/f3d/454 , leagle =https://www.leagle.com/decision/199652773f3d4541435 , googlescholar =https://scholar.google.com/scholar_case?case=67487838430879452 United States Court of Appeals for the Second Circuit cases United States Thirteenth Amendment case law 1996 in United States case law 1996 in New York (state) Mamaroneck, New York United States education case law Education in Westchester County, New York Volunteering in the United States

Background

Complaint

Result

References

Further reading

External links