FITZGERALD v. BARNSTABLE SCHOOL COMMITTEE

No. 06-2596.

504 F.3d 165 (2007)

Lisa Ryan FITZGERALD, Etc., et al., Plaintiffs, Appellants, v. BARNSTABLE SCHOOL COMMITTEE et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

October 5, 2007.


Attorney(s) appearing for the Case

Wendy A. Kaplan, with whom Anne Glennon and Law Office of Wendy A. Kaplan were on brief, for appellants.

Emily J. Martin, Lenora M. Lapidus, Sarah R. Wunsch, and American Civil Liberties Union Foundation, Woman's Rights Project on brief for American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Crittenton Women's Union, Equal Rights Advocates, Jane Doe, Inc., Legal Momentum, Massachusetts Society for the Prevention of Cruelty to Children, Dr. Nan Stein, National Partnership on Women & Families, National Women's Law Center, Sargent Shriver National Center on Poverty Law, Women's Bar Association of Massachusetts, and Women's Law Project, amici curiae.

Andrea C. Kramer and Sullivan, Weinstein & McQuay on brief for Women's Bar Ass'n of Mass., amicus curiae.

John M. Simon, with whom Kay H. Hodge, Joan L. Stein, and Stoneman, Chandler & Miller LLP were on brief, for appellees.

Before Howard, Circuit Judge, Selya, Senior Circuit Judge, and Dyk, Circuit Judge.


SELYA, Senior Circuit Judge.

This appeal grows out of allegations that paint a grotesque picture of peer-on-peer sexual harassment at the elementary school level. The district court, acting initially on a motion to dismiss and thereafter on a motion for summary judgment, resolved the case in favor of the defendants (a school committee and school superintendent). Although we in no way condone harassment such as is alleged...

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