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08-273 - MILLER v. PENN MANOR SCHOOL DISTRICT et al


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08-273 - MILLER v. PENN MANOR SCHOOL DISTRICT et al
September 30, 2008
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ORDER AND OPINION THAT PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT THE PORTION OF PENN MANOR SCHOOL DISTRICT POLICY 220 ADOPTED FEBRUARY 8, 1999 ENTITLED SCHOOL EXPRESSION WHICH PROHIBITS EXPRESSIONS THAT: SEEK TO ESTABLISH THE SUPREMACY OF A PARTICULAR RELIGIOUS DENOMINATION, SECT OR POINT OF VIEW, IS DEEMED UNCONSTITUTIONALLY OVERBROAD AND VAGUE, ETC. IT IS FURTHER ORDERED THAT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 65(C) THIS ORDER BE AND IS HEREBY CONDITIONED UPON PLAINTIFFS FILING WITH THE CLERK OF THIS COURT AN UNDERTAKING IN THE FORM OF A BOND, CERTIFIED CHECK, CASH OR OTHER FORM OF SECURITY ACCEPTABLE TO THE CLERK OF COURT IN THE AMOUNT OF $5,000.00 NO LATER THAN OCTOBER 8, 2008, RECEIPT OF WHICH WILL BE ACKNOWLEDGED BY THE CLERK OF COURT TO SECURE THE PAYMENT OF SUCH COSTS AND DAMAGES NOT TO EXCEED SUCH SUM AS MAY BE SUFFERED OR SUSTAINED BY ANY PARTY WHO IS FOUND TO BE WRONGFULLY RESTRAINED BY THIS ORDER. IT IS FURTHER ORDERED THAT IN ALL OTHER RESPECTS PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION IS DENIED. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/08. (Attachments: # (1) Opinion) 10/1/08 ENTERED AND COPIES E-MAILED.(er, )