SCHAER v. BRANDEIS UNIVERSITY


432 Mass. 474 (2000)

DAVID ARLEN SCHAER v. BRANDEIS UNIVERSITY.

Supreme Judicial Court of Massachusetts, Middlesex.

September 25, 2000.


Attorney(s) appearing for the Case

Alan D. Rose (Alan D. Rose, Jr., with him) for the defendant.

David M. Lipton for the plaintiff.

The following submitted briefs for amici curiae:

Harvey A. Silverglate, William C. Newman, & John Reinstein for American Civil Liberties Union of Massachusetts & another.

Robert E. Sullivan, Margaret Wood Hassan, Andrea C. Kramer, & Nina R. Mishkin for Babson College & others.

Present: (Sitting at Worcester): MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, & COWIN, JJ.


ABRAMS, J.

The plaintiff, David Arlen Schaer, a student at Brandeis University (Brandeis), filed a seven-count complaint in the Superior Court against Brandeis, seeking injunctive relief and compensatory damages.1 One Superior Court judge denied injunctive relief and another dismissed the entire complaint for failing to state a claim for which relief can be granted. See Mass. R. Civ. P. 12 (b...

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