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FITZGERALD v. BARNSTABLE SCHOOL COMMITTEE

No. 07-1125.

129 S.Ct. 788 (2009)

555 U.S. 246

172 L.Ed.2d 582

Lisa FITZGERALD, et vir, Petitioners, v. BARNSTABLE SCHOOL COMMITTEE et al.

Supreme Court of United States.

Decided January 21, 2009.

Attorney(s) appearing for the Case

Charles A. Rothfeld, for petitioners.

Kay H. Hodge, for respondents.

Dan M. Kahan, Scott L. Shuchart, Yale Law School, New Haven, CT, Charles A. Rothfeld, Counsel of Record, Andrew J. Pincus, Mayer Brown LLP, Washington, D.C., Wendy A. Kaplan, Anne Glennon, Law Offices of Wendy A. Kaplan, Boston, MA, for Petitioners.

Kay H. Hodge, Joan L. Stein, John M. Simon, Counsel of Record, Stoneman, Chandler & Miller LLP, Boston, MA, for Respondents Barnstable School Committee and Dr. Russell Dever.

The issue in this case of peer-on-peer sexual harassment is whether Title IX of the Education Amendments of 1972, 86 Stat. 373, 20 U.S.C. § 1681(a), precludes an action under Rev. Stat. § 1979, 42 U.S.C. § 1983, alleging unconstitutional...

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