HAIDAK v. UNIVERSITY OF MASSACHUSETTS-AMHERST

No. 18-1248.

933 F.3d 56 (2019)

James HAIDAK, Plaintiff, Appellant, v. UNIVERSITY OF MASSACHUSETTS-AMHERST; Enku Gelaye, individually and in her official capacity as Dean of Students and Acting Vice Chancellor of Student Affairs and Campus Life of the University of Massachusetts at Amherst; David Vaillancourt, individually and in his official capacity as Senior Associate Dean of Students of the University of Massachusetts at Amherst; Allison Berger, individually and in her official capacity as Associate Dean of Students at University of Massachusetts at Amherst; Patricia Cardoso, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 6, 2019.


Attorney(s) appearing for the Case

Luke Ryan, Northampton, MA, with whom Sasson, Turnbull, Ryan & Hoose was on brief, for appellant.

Monica R. Shah, Boston, MA, and Zalkind Duncan & Bernstein LLP on brief for Foundation for Individual Rights in Education, amicus curiae.

Denise Barton, Senior Litigation Counsel, with whom Maura Healy, Attorney General, Gerard Leone, Special Assistant Attorney General, General Counsel, and University of Massachusetts, Office of the General Counsel, were on brief, for appellees.

Before Kayatta, Circuit Judge, Souter, Associate Justice, and Selya, Circuit Judge.


In the wake of allegations that student James Haidak assaulted a fellow student, the University of Massachusetts at Amherst ("the university") suspended and then expelled Haidak. Seeking compensatory damages, declaratory relief, and an injunction preventing the university from enforcing the expulsion, Haidak filed this suit...

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