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DOE v. SUPERINTENDENT OF SCHOOLS OF STOUGHTON

437 Mass. 1 (2002)

PETER DOE & another v. SUPERINTENDENT OF SCHOOLS OF STOUGHTON & another.

Supreme Judicial Court of Massachusetts, Norfolk.

May 16, 2002.

Attorney(s) appearing for the Case

Jonathan M. Silverstein (Michael J. Long with him) for the defendants.

Jonathan D. White (Glen Hannington with him) for the plaintiffs.

The following submitted briefs for amici curiae:

Michael J. Long for Massachusetts Association of School Superintendents.

Stephen J. Finnegan & Roger Dowd for Massachusetts Association of School Committees.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

This is an appeal from the Superior Court's determination that Stoughton school authorities acted arbitrarily and capriciously in suspending a student pursuant to G. L. c. 71, § 37H ½, the statute providing for the suspension of students who have been charged with felonies.4 The principal of Stoughton High School suspended John Doe after learning that he had been charged with indecent assault and battery on a child...

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