Monday, February 6, 2012

Rubber Room Suit: The Manhattan Five (plus one) go to Appellate Court!!!!! PLEASE COME TO SHOW SUPPORT

Just a reminder that the remaining members of the Adams, et al., vs. Joel Klein, Michael Bloomberg,  City DOE, Richard Mills, David Steiner, NYS Ed Dept.,  Deborah Marriott, Manager NYS Tenure Teacher Tenure,  will appear at ORAL ARGUMENTS in front of the Federal Appellate Court Judges on THURSDAY, FEBRUARY 9th at 2:00 pm.

Please come to the Federal Court House to demonstrate your belief in  Constitutional rights of Due Process for teachers, and Equal Protection for employment discrimination.  We are arguing for the right to a trial on these matters as proper causes of action. 

THURSDAY, Feb 9th, 2:00 p.m. 
 (before the PEP Meeting)
United States Court of Appeals for the Second Circuit-  9th floor Ceremonial Courtroom (use NORTH elevators)
500 Pearl Street

From Foley Square, cross street to Pearl Street. Walk 1 ½ blocks down Pearl Street to new high rise bldg. North on Church Street, Right on Worth Street to Daniel Patrick Moynihan US Courthouse.

Thanks for all your good work for teachers’ rights and just causes, and continued support!!!!!

FOR IMMEDIATE RELEASE                                  February 1, 2012


The United States Court of Appeals for the Second Circuit has scheduled Oral Argument in Ebewo, et al. v. New York State Education Dept., et al., Case No. 10-4989(L) on Thursday, February 9, 2012 at 2:00 P.M. Oral Argument is being held at the U.S. Court of Appeals for the Second Circuit at the Courthouse located at 500 Pearl St., 9th Floor, Ceremonial Courtroom (use North Elevator Bank).
The case, originally filed in the United States District Court for the Southern District of New York in June 2008, was dismissed by District Court Judge Victor Marrero on November 15, 2011 pursuant to a Report and Recommendation by Magistrate Judge Andrew J. Peck issued August 23, 2011.
The District Court ruled that the appellants, tenured New York City Public School teachers Michael Ebewo, Joann Hart, Julianne Polito, Thomasina Robinson, and Brandi Scheiner failed to state any cause of action for deprivation of their constitutional right to a prompt hearing after being sent to a Rubber Room, for any claims of employment discrimination, and for being retaliated against for the exercise of their First Amendment Right to speak against their principals’ allegedly falsifying student grade and attendance records to improve school performance.
The defendants and appellees named in the lawsuit are the New York City Department of Education, Mayor Michael Bloomberg, Chancellor Joel Klein, New York State Education Department, State Commissioners of Education Richard Mills and David M. Steiner, and Deborah A. Marriott, Manager of the State’s Teacher Tenure Hearing Unit.
The teachers have alleged that they are similarly situated to other persons who hold licenses issued by the City and State of New York and that they therefore have a protected Fourteenth Amendment due process property interest in their tenure and their state issued teaching licenses that require the City and the State provide them with a prompt name-clearing hearing after suspension as the City and the State are required to provide to other license holders by the Due Process Clause of the United States Constitution’s Fourteenth Amendment.
These five New York City Public School tenured teachers remained in Rubber Rooms without a hearing for anywhere from two years to five years, most without any charges being imposed against them during that time. Nicholas Penkovsky, Esq. of the Law Offices of Nicholas A. Penkovsky, PC is arguing the appeal in behalf of the teachers.

Directions to the Courthouse
: 500 Pearl Street is 1block east of Broadway; 2 blocks north of Chambers Street at the Brooklyn Bridge IRT subway stop, and 3 blocks east of Church Street, near the IND (A and E) subway stop. #4, 5 or 6 Subway to Brooklyn Bridge/City Hall Station. Exit at the rear of the platform, towards the last car of the subway train. When you come up above ground you will be standing in Foley Square. Pearl Street will be across the square. The courthouse is located ½ block down Pearl Street in a new high-rise building. A, or C Subway, to Chambers Street station. Walk north (with the traffic) on Church Street, then go right on Worth Street to the Daniel Patrick Moynihan United States Courthouse. #1, 2 or 3 Subway to Chambers Street. Walk north on Church Street (with traffic) to Worth Street. Make a right on Worth Street to the U.S. Courthouse. N & R Subway to City Hall station, walk east on Chambers St. to Centre St., then North to Foley Square. Also see

More information is available on the court website at

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