DOE v. HOPKINTON PUBLIC SCHOOLS

No. 20-1950.

19 F.4th 493 (2021)

John DOE, by his Mother and Next Friend, Jane Doe; B.B., by his Mother and Next Friend, Jane Bloggs, Plaintiffs, Appellants, v. HOPKINTON PUBLIC SCHOOLS, Defendant, Appellee, Carol Cavanaugh, in her individual capacity and official capacity as Superintendent of the Hopkinton Public Schools; Evan Bishop, in his individual capacity and official capacity as Principal of Hopkinton High School, Defendants.

United States Court of Appeals, First Circuit.

November 19, 2021.


Attorney(s) appearing for the Case

Alexandra H. Deal and Jeffrey P. Wiesner , with whom Jennifer McKinnon , Paik, Brewington & Deal LLP, and Wiesner McKinnon LLP were on brief, for appellants.

William G. Creeley , Seth B. Orkand , and Robinson & Cole LLP on brief for Foundation for Individual Rights in Education, amicus curiae.

Sophia Cope and Naomi Gilens on brief for Electronic Frontier Foundation, amicus curiae.

Elizabeth F. Toner and Joshua R. Coleman , with whom Murphy, Lamere & Murphy, P.C. was on brief, for appellees.

Maura Healey , Attorney General, Abrisham Eshghi , Douglas Martland , and Joshua Olszewski-Jubelirer , Assistant Attorneys General, on brief for the Commonwealth of Massachusetts, amicus curiae.

Francisco M. Negrón, Jr. , John Foskett , and Valerio, Dominello, & Hillman LLC on brief for National School Boards Association, Maine School Boards Association, Massachusetts Association of School Committees, New Hampshire School Boards Association, and Rhode Island Association of School Committees, amici curiae.

Patience Crozier and Bennett Klein on brief for GLBTQ Legal Advocates & Defenders and Anti-Defamation League, amici curiae.

Ruth A. Bourquin , Rachel E. Davidson , Rebecca R. Krumholz , and Matthew R. Segal on brief for the American Civil Liberties Union of Massachusetts, amicus curiae.

Nicolas Y. Riley and Institute for Constitutional Advocacy & Protection on brief for Professor Daniel B. Rice, amicus curiae.

Before LYNCH, SELYA, and BARRON, Circuit Judges.


After an investigation, Hopkinton High School ("School"), a part of the Hopkinton Public Schools, found that eight students on the school hockey team, including plaintiffs/appellants John Doe and Ben Bloggs, had bullied their fellow hockey team member Robert Roe.1 The School disciplined all eight...

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