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DOE v. OLD ROCHESTER REGIONAL SCHOOL DIST.

No. 99-10214 MEL.

56 F.Supp.2d 114 (1999)

Jane DOE, John Doe and Mary Doe, Plaintiffs, v. OLD ROCHESTER REGIONAL SCHOOL DISTRICT, Robert Gardner, Joan Walsh, and John A. Shockro, Defendants.

United States District Court, D. Massachusetts.

July 6, 1999.

Attorney(s) appearing for the Case

Fredric L. Ellis, Edward A. Broderick, Edward A. Rapacki, Ellis & Rapacki, Boston, MA, for Jane Doe, John Doe, Mary Doe, Plaintiffs.

Richard W. Renehan, Hill & Barlow, Boston, MA, for Old Rochester Regional School District, Robert Gardner, Joan Walsh, John A. Shockro, Defendants.

Catherine E. Sullivan, Assist. Atty. Gen, Boston, MA, for Michael Sullivan, interested party.

LASKER, District Judge.

Two questions arise from this case. First, do remedies for sexual harassment under Title IX, 20 U.S.C. § 1681 et seq. (1994) ("Title IX") foreclose remedies under 42 U.S.C. § 1983 (1994) (" § 1983")? Second, to what extent does an employer need to "originally cause" conduct to be liable for tortious claims under the Massachusetts Torts Claims Act, Mass. Gen. Law c. 258 (1996) ("MTCA")?

The facts alleged in the...

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