A mother has taken legal action against Kellenberg Memorial High School for banning her daughter despite valid medical exemptions from vaccination requirements due to health concerns certified by physicians.
Jane Doe, representing her minor child, Sarah Doe, filed a complaint against Kellenberg Memorial High School and individual defendants Brother Kenneth Hoagland and Christopher Cartier. The lawsuit challenges the school’s decision to bar Sarah from attending classes despite medical exemptions from licensed physicians. The conflict began when Kellenberg Memorial High School rejected an initial medical exemption submitted by Dr. Carlos Rivera on August 30, 2025. Dr. Rivera cited multiple health concerns contraindicating vaccination for Sarah, including adverse reactions to previous vaccines and genetic factors. Despite providing documentation of prior vaccinations, the school denied the exemption, relying on a non-binding opinion from the Department of Health that addressed only one aspect of Dr. Rivera’s rationale.
The plaintiffs argue that the denial constitutes unlawful “second-guessing” of a treating physician’s judgment. After an unsuccessful administrative appeal with the New York State Commissioner of Education and submission of a second medical exemption by Dr. Jerry J. Cattelane Jr., which was also ignored, Jane Doe turned to federal court seeking immediate intervention.
Jane Doe claims violations under Title III of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and constitutional rights under the First and Fourteenth Amendments via 42 U.S.C. § 1983. She seeks a Temporary Restraining Order and Preliminary Injunction to allow Sarah back into school immediately, along with declaratory judgments affirming the validity of her medical exemptions and compensatory damages for emotional distress and educational disruption.
The lawsuit also alleges disability-based discrimination due to the refusal to accept reasonable accommodations necessary for Sarah’s health conditions and claims breach of contract related to educational services agreed upon through tuition payments.
The plaintiffs are represented by attorney Chad A. Davenport of Davenport Law PLLC. The case was filed in the United States District Court for the Eastern District of New York under Civil Action No. 9:25-cv-06013.