DOE v. SUPERINTENDENT OF SCHOOLS OF WORCESTER


421 Mass. 117 (1995)

JANE DOE vs. SUPERINTENDENT OF SCHOOLS OF WORCESTER & others.

Supreme Judicial Court of Massachusetts, Worcester.

August 11, 1995.


Attorney(s) appearing for the Case

S. Stephen Rosenfeld (Jane Quimby with him) for the plaintiff.

Elizabeth M. Sanning, Assistant City Solicitor (David M. Moore, City Solicitor, & Diana H. Horan with her) for the defendants.

The following submitted briefs for amici curiae:

Scott Harshbarger, Attorney General, & Norah M. Wylie, Assistant Attorney General, for the Commonwealth.

Anthony J. DeMarco & Susan F. Cole for Children's Law Center of Massachusetts & another.

Eileen L. Ordover for Center for Law and Education.

Michael D. Weisman, Sara Miron Bloom & Alan Jay Rom for Jami McDuffy & others.

Present: LIACOS, C.J., WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.


O'CONNOR, J.

The plaintiff, to whom we have given the pseudonym Jane Doe, appeals from a judgment, after a jury-waived trial, upholding her expulsion from school for at least one year, based on her possession of a lipstick case containing a one and one-quarter inch blade. We granted her application for direct appellate review.3

In a memorandum of decision, the judge in the Superior Court...

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