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HAYES v. MASSACHUSETTS BAY TRANSPORTATION AUTH.

CIVIL ACTION NO. 19-12042-WGY.

498 F.Supp.3d 224 (2020)

Mark HAYES, Plaintiff, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY and IXP Corporation, Defendants.

United States District Court, D. Massachusetts.

Signed October 27, 2020.

Attorney(s) appearing for the Case

Lucas J. Newbill, Law Offices of Lucas Newbill, Brookline, MA, for Plaintiff.

Marjorie S. Cooke, Barbara Gruenthal, Cooke Clancy & Gruenthal LLP, Boston, MA, for Defendant Massachusetts, Bay Transportation Authority.

Peter A. Brown, Joshua M. Loveall, D'Ambrosio Brown, LLP, Boston, MA, for Defendant IXP Corporation.

MEMORANDUM AND ORDER

I. INTRODUCTION

This case revolves around an inflammatory comment uttered in a public work setting: "She should go back to Africa." The speaker and plaintiff, Mark Hayes ("Hayes"), was referring to a protester appearing on the television at his office. A minor ruckus ensued in his office, which...

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