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HM&B Prevails on Appeal as 11th Circuit Affirms District Court’s Dismissal of Religious Discrimination Claim Against the Miami-Dade County School Board

Chabad Chayil, Inc. v. The School Board of Miami-Dade County, Florida and Miami-Dade County, Florida Office of Inspector General

Case No. 12-10619 (In the US Court of Appeals for the 11th Circuit)

Plaintiff, a religious institution, sued the School Board of Miami-Dade County, Florida, after it was denied access to School Board facilities to operate its afterschool program called CHAP.

The Court agreed with our analysis that any of the School Board Officials alleged to be involved in the decision to deny Plaintiff access to School Board facilities, including the Superintendent, had the required final policy making authority necessary to impose municipal liability on the School Board. The Court also agreed that Plaintiff had failed to present any valid equal protection or due process claims in connection with the challenged actions by the School Board and its Office of Inspector General. The Eleventh Circuit Court of Appeals affirmed the District Court’s dismissal of the claim, with prejudice, on all grounds.

The School Board was represented by HM&B partners Michael Dono, Bradley Silverman and Schuyler Smith.