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DOE v. SUPERINTENDENT OF SCHOOLS OF WESTON

SJC-10981.

461 Mass. 159 (2011)

ROBERT DOE v. SUPERINTENDENT OF SCHOOLS OF WESTON.

Supreme Judicial Court of Massachusetts, Middlesex.

December 21, 2011.

Attorney(s) appearing for the Case

Leonard H. Kesten (Diedre Brennan Regan with him) for the defendant.

Dana Alan Curhan (Richard J. Hayes with him) for the plaintiff.

Lisa A. Morrow, Marlies Spanjaard, Isabel S. Raskin, & Thomas A. Mela, for Children's Law Center of Massachusetts & others, amici curiae, submitted a brief.

Joanne S. Karger & Kathleen B. Boundy, for Center for Law and Education, Inc., & another, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

SPINA, J.

The plaintiff, Robert Doe, has challenged, by way of a complaint filed in the Superior Court and a related motion for a preliminary injunction, his expulsion from Weston High School for allegedly possessing and distributing a "marijuana cookie" on school property. For the reasons that follow, we vacate the order of the Superior Court regarding Doe's motion for a preliminary injunction and remand for further proceedings...

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