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SECTION SECTION Case SECTION 3 As of 11 55 AM EST 1 of 10 United States District Court District of Massachusetts (Springfield) CIVIL DOCKET FOR CASE # 3 CLOSED Westfield High Sch., et al v. Westfield Pub. Sch., et al Assigned to Judge Frank H. Freedman Demand $0 Cause 42 1983 Civil Rights Act SECTION PlaintiffSECTION Date Filed Date Terminated Jury Demand SECTION DefendantSECTION Nature of Suit 440 Civil Rights Other Jurisdiction Federal Question Westfield High School L.I.F.E. Club represented by Anita L. Staver Liberty Counsel 210 East Palmetto Avenue Longwood, FL 32750 LEAD ATTORNEY ATTORNEY TO BE NOTICED Bertin C. Emmons Sovereign Bank 75 State Street Boston, MA 02109 Fax Email bemmons@sovereignbank.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik W. Stanley Liberty Counsel 210 East Palmetto Avenue Longwood, FL 32750 LEAD ATTORNEY ATTORNEY TO BE NOTICED Joel L. Oster Alliance Defending Freedom 15192 Rosewood Street Leawood, KS 66224 Fax Email joster@alliancedefendingfreedom.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Mathew D. Staver Liberty Counsel 210 East Palmetto Avenue Longwood, FL 32750 Email court@lc.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED SECTION PlaintiffSECTION Stephen Grabowski by and through his parents, Edmund and Mary Ettar Grabowski represented by Anita L. Staver (See above for address) LEAD ATTORNEY SECTION Case SECTION 3 As of 11 55 AM EST 2 of 10 ATTORNEY TO BE NOTICED Bertin C. Emmons (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik W. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joel L. Oster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mathew D. Staver (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED SECTION PlaintiffSECTION Timothy Souza represented by Anita L. Staver (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bertin C. Emmons (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik W. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joel L. Oster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mathew D. Staver (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED SECTION PlaintiffSECTION Daniel Souza by and through their parents, Ralph and Diane Souza represented by Anita L. Staver (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bertin C. Emmons (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik W. Stanley (See above for address) LEAD ATTORNEY SECTION Case SECTION 3 As of 11 55 AM EST 3 of 10 ATTORNEY TO BE NOTICED Joel L. Oster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mathew D. Staver (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED SECTION PlaintiffSECTION Sharon Sitler represented by Anita L. Staver (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bertin C. Emmons (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik W. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joel L. Oster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mathew D. Staver (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED SECTION PlaintiffSECTION Paul Sitler by and through their parents, William and Denise Sitler represented by Anita L. Staver (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bertin C. Emmons (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik W. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joel L. Oster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mathew D. Staver (See above for address) LEAD ATTORNEY SECTION Case SECTION 3 As of 11 55 AM EST 4 of 10 PRO HAC VICE ATTORNEY TO BE NOTICED SECTION PlaintiffSECTION Dustin Cooper by and through his parents Brian and Amy Turner-Cooper represented by Anita L. Staver (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bertin C. Emmons (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Erik W. Stanley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joel L. Oster (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mathew D. Staver (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED V. SECTION DefendantSECTION Westfield Public Schools TERMINATED SECTION DefendantSECTION Dr. Thomas Y. McDowell Individually and in his official capacity as Superintendent of Westfield Public represented by Claire L. Thompson Doherty, Wallace, Pillsbury &Murphy, P.C. One Monarch Place, 19th Floor 1414 Main Street Springfield, MA Fax Email cthompson@dwpm.com TERMINATED LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter H. Martin City of Westfield Law Department Municipal Building 59 Court St. Westfield, MA 01085 Fax Email p.martin@mail.ci.westfield.ma.us TERMINATED LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Claire L. Thompson (See above for address) LEAD ATTORNEY SECTION Case SECTION 3 As of 11 55 AM EST 5 of 10 Schools ATTORNEY TO BE NOTICED Peter H. Martin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED SECTION DefendantSECTION Thomas W. Daley Individually and in his official capacity as Principal of Westfield High School represented by Claire L. Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward P. Mulvaney Fallon &Sullivan 115 State Street Springfield, MA 01103 LEAD ATTORNEY ATTORNEY TO BE NOTICED SECTION DefendantSECTION City of Westfield represented by Claire L. Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter H. Martin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Movant United States of America represented by Amy I. Berman U.S. Department of Justice Civil Rights Division 601 D Street, N.W. Suite 4300 Washington, DC 20530 LEAD ATTORNEY ATTORNEY TO BE NOTICED Edward G. Caspar U.S. Department of Justice Civil Rights Division 601 D Street, N.W. Suite 4300 Washington, DC 20530 LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric W. Treene U.S. Department of Justice Civil Rights Division 601 D Street, N.W. Suite 4300 Washington, DC 20530 LEAD ATTORNEY ATTORNEY TO BE NOTICED SECTION Case SECTION 3 As of 11 55 AM EST 6 of 10 Franz R. Marshall U.S. Department of Justice Civil Rights Division 601 D Street, N.W. Suite 4300 Washington, DC 20530 LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeremiah Glassman U.S. Department of Justice Civil Rights Division 601 D Street, N.W. Suite 4300 Washington, DC 20530 LEAD ATTORNEY ATTORNEY TO BE NOTICED Interested Party The American Civil Liberties Union of Massachusetts (ACLUM) represented by Jeffrey Jackson Pyle Prince, Lobel, Glovsky &Tye LLP 100 Cambridge Street Boston, MA 021114 Fax Email jpyle@princelobel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED William Newman Lesser, Newman &Nasser, LLP 39 Main Street Northampton, MA 01060 Fax Email Newman@LNN-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 1 Complaint filed. Case assigned to Judge Kenneth P. Neiman. Receipt # Amount $ Fee Status Paid. Mag/Judge Consent Form, LR 4.1, notice of lawsuit and waiver of service of summons to Counsel. (mef) (Entered Summons issued for Westfield Pub. Sch., Thomas Y. McDowell, Thomas W. Daley (mef) (Entered 2 Ps' Motion for Erik W. Stanley to appear pro hac vice. Fee Status Paid. Fee Amt Receipt # 305099 filed. (mef) (Entered 3 Ps' Motion by for Mathew D. Staver to appear pro hac vice. Fee Status Paid. Fee Amt Receipt # filed. (mef) (Entered 4 Ps' Motion by for Anita L. Staver to appear pro hac vice. Fee Status Paid. Fee Amt Receipt # filed. (mef) (Entered 5 Ps' Motion for Joel L. Oster to appear pro hac vice. Fee Status Paid. Fee Amt Receipt # filed. (mef) (Entered 6 Motion by Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper for P.I. filed. (mef) (Entered SECTION Case SECTION 3 As of 11 55 AM EST 7 of 10 7 Memorandum by Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper in support of 6-1 motion for P.I., filed. (mef) (Entered 8 Motion by Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper for waiver of posting a Security Bond in obtaining a Preliminary Injunction, filed. (mef) (Entered 9 Memorandum by Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper in support of 8-1 motion for waiver of posting a Security Bond in obtaining a Preliminary Injunction, filed. (mef) (Entered Judge Michael A. Ponsor. Endorsed Order entered granting 2-1 motion for Erik W. Stanley to appear pro hac vice; cc/cl. EOD Date (mef) (Entered Judge Michael A. Ponsor. Endorsed Order entered granting 3-1 motion for Mathew D. Staver to appear pro hac vice; cc/cl. EOD Date (mef) (Entered Judge Michael A. Ponsor. Endorsed Order entered granting 4-1 motion for Anita L. Staver to appear pro hac vice; cc/cl. EOD Date (mef) (Entered Judge Michael A. Ponsor. Endorsed Order entered granting 5-1 motion for Joel L. Oster to appear pro hac vice; cc/cl. EOD Date (mef) (Entered 10 Not all parties consenting to assignment to Magistrate Judge Neiman. Case to be redrawn for random assignment to District Judge. (mgl) (Entered 11 Notice of case assignment. Case reassigned from Judge Neiman to Senior Judge Frank H. Freedman. cc/cl (mgl) (Entered 12 Dft's Motion by Westfield Pub. Sch., Thomas Y. McDowell, Thomas W. Daley to extend time to to file its opposition to motion for preliminary injunction and answer to complaint, filed. c/s (mgl) (Entered 13 Notice of appearance of attorney for Westfield Pub. Sch., Thomas Y. McDowell, Thomas W. Daley by Claire L. Thompson, filed. c/s (mgl) (Entered Senior Judge Frank H. Freedman. Endorsed Order entered granting 12-1 motion to extend time to to file its opposition to motion for preliminary injunction and answer to complaint, set answer due for for Thomas W. Daley, for Thomas Y. McDowell, for Westfield Pub. Sch., Response to motion reset to for 6-1 motion for P.I.. EOD Date (jcs) (Entered Motion hearing re 6-1 motion for P.I. at 10 00 (jcs) (Entered 14 Return of service executed as to Westfield Pub. Sch., Thomas Y. McDowell, Thomas W. Daley w/s/o filed. Answer due on 2/3/03 for Thomas W. Daley, for Thomas Y. McDowell, for Westfield Pub. Sch. (mef) (Entered 15 Ps' Notice of Filing of returns of service on the Defts. filed. (mef) (Entered 16 Notice of appearance of attorney for Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper by Mathew D. Staver, filed. (bah) (Entered 17 Notice of appearance of attorney for Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper by Erik W. Stanley, filed. (bah) (Entered SECTION Case SECTION 3 As of 11 55 AM EST 8 of 10 18 Notice of appearance of attorney for Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper by Joel L. Oster, filed. (bah) (Entered 19 Notice of appearance of attorney for Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper by Anita L. Staver, filed. (bah) (Entered 20 Dft's Motion by Westfield Pub. Sch., Thomas Y. McDowell, Thomas W. Daley to extend time to to file its opposition to plantiff motion for preliminar injuntion, filed. c/s (mgl) (Entered 21 Pltfs' Response in opposition to 20-1 motion to extend time to to file its opposition to plaintiffs' motion for preliminary injuntion, filed. (jcs) (Entered 22 Answer by Westfield Pub. Sch., Thomas Y. McDowell to complaint; jury demand, filed. (mef) (Entered Senior Judge Frank H. Freedman. Endorsed Order entered granting 20-1 ; cc/cl. Ds' resp. to motion reset to for 6-1 motion for P.I.. EOD Date (mef) (Entered 23 Motion by Thomas W. Daley to ext. time to to resp. to the complaint., filed. (mef) (Entered Senior Judge Frank H. Freedman. Endorsed Order entered granting 23-1 ; cc/cl. Reset answer due for for Thomas W. Daley. EOD Date (mef) (Entered 24 Answer by Thomas W. Daley to complaint; jury demand, filed. (mgl) (Entered 25 Notice of appearance of attorney for Thomas W. Daley by, filed. c/s (mgl) (Entered 26 Memorandum of law by Dft's Westfield Pub. Sch., Thomas Y. McDowell in opposition to Ptf's 6-1 motion for P.I., filed. c/s (mgl) (Entered 27 Motion by U.S.A. for leave to file Amicus Curiae Brief, filed. (mef) (Entered Senior Judge Frank H. Freedman. Endorsed Order entered granting 27-1 motion for leave to file Amicus Curiae Brief; cc/cl. EOD Date (mef) (Entered 28 Amicus Curiae Brief by U.S.A. filed in support of Ps' motion for P.I. filed. (mef) (Entered 29 Motion by ACLUM for leave to file memorandum of law as amicus curiae, filed. c/s (mgl) (Entered 30 Notice of appearance of attorney for ACLUM by Jeffery J. Pyle, filed. c/s (mgl) (Entered 31 Notice of appearance of attorney for ACLUM by William C. Newman, filed. c/s (mgl) (Entered 32 Notice of Supplemental authority by Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper, filed. c/s (mgl) (Entered 33 Supplemental Affidavit of Sharon Sitler, re in support of Ptf's 6-1 motion for P.I., filed. (mgl) (Entered 34 Ptf's Supplemental Affidavit of Timothy Souza, Daniel Souza, re in support of Ptf's 6-1 motion for P.I., filed. (mgl) (Entered Motion hearing re 6-1 motion for P.I. Motion hearing held (mef) (Entered SECTION Case SECTION 3 As of 11 55 AM EST 9 of 10 35 Senior Judge Frank H. Freedman. Clerk's Notes re Pltfs' motion for leave to amend verified complaint to add City of Westfield as the proper Deft. is ALLOWED. Issue re LIFE Club status as a party taken under advisement. Hearing on Pltfs' motion for P.I. - 6-1. After hearing the court takes the motion under advisement. Court Reporter Vickie Britt. (mef) (Entered Senior Judge Frank H. Freedman. Endorsed Order entered granting 29-1 motion for leave to file memorandum of law as amicus curiae; cc/cl. EOD Date (mef) (Entered 36 Memorandum Amicus Curiae brief by ACLUM in support of Ps' motion for P.I. filed. (mef) (Entered 37 Amended complaint by Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper filed. (Answer due for City of Westfield, for Thomas W. Daley, for Thomas Y. McDowell ). Amended complaint amends 1-1 complaint ; adding. (mgl) (Entered 38 Senior Judge Frank H. Freedman. Memorandum and Order entered. The Court GRANTS the Pltfs' motion for preliminary injunction - 6-1 and motion for waiver of security bond - 8-1 ; cc/cl. EOD Date (mef) (Entered 39 Answer by Thomas Y. McDowell, City of Westfield to amended complaint, filed.; jury demand c/s (mgl) (Entered 40 Senior Judge Frank H. Freedman. Notice of Conference Set Pretrial Scheduling Conf. for 10 00 A.M. on cc/cl.. (mef) (Entered 41 Motion by Thomas Y. McDowell, Thomas W. Daley, City of Westfield to stay, filed. c/s (mgl) (Entered 42 Ps' Memorandum in opposition to 41-1 motion to stay and in support of their motion to postpone the scheduling conf. filed. (mef) (Entered 43 SECOND VERIFIED Amended complaint by Westfield High Sch., Stephen Grabowski, Timothy Souza, Daniel Souza, Sharon Sitler, Paul Sitler, Dustin Cooper filed. (Answer due for City of Westfield, Thomas W. Daley, Thomas Y. McDowell). Amended complaint amends 37-1 amended complaint. (mef) (Entered 44 Ps' Motion for S/J on each of the five counts set forth in the Second Amended Complaint - 43-1 filed. (mef) (Entered 45 Ps' Memorandum in support of 44-1 motion for S/J on each of the five counts set forth in the Second Amended - 43-1 filed. (mef) (Entered 46 Ps' Appendix/exhibits in support of of 44-1 motion for S/J on each of the five counts set forth in the Second Amended - 43-1, filed. (mef) (Entered Senior Judge Frank H. Freedman. Endorsed Order entered denying 41-1 motion to stay. Based on the filing of Ps' motion for S/J the scheduling conf. set for has been continued; cc/cl.. Terminated scheduling conf. deadline. EOD Date (mef) (Entered 47 STIPULATION (Motion) by Thomas Y. McDowell, Thomas W. Daley, City of Westfield to ext. time to to file their opp. to the Pltfs' motion for S/J filed. (mef) (Entered Senior Judge Frank H. Freedman. Endorsed Order entered granting 47-1 ; cc/cl. Ds' resp. to motion reset to for 44-1 motion for S/J on each of the five counts set forth in the Second Amended - 43-1. EOD Date (mef) (Entered 48 Senior Judge Frank H. Freedman. Sixty (60) Day Settlement Order of Dismissal entered by the Court; cc/cl. EOD Date 5/7/03 (mef) (Entered SECTION Case SECTION 3 As of 11 55 AM EST 10 of 10 Case closed. (mef) (Entered 49 Motion by ACLUM to strike non-essential portions of the 38-1 Memorandum and Order, filed. (mef) (Entered 50 Ptf's Opposition RESPONSE to Dft's 49 Motion to Strike portion of memo. filed by Dustin Cooper, Stephen Grabowski, Paul Sitler, Sharon Sitler, Daniel Souza. (Lindsay, Maurice) (Entered Judge Frank H. Freedman EnsorsedORDER entered denying 49 Motion to Strike portions of 38-1 Memorandum and Order dated cc/cl. (Finn, Mary) (Entered 51 STIPULATION of Dismissal by Dustin Cooper, Thomas W. Daley, Stephen Grabowski, Thomas Y. McDowell, Paul Sitler, Sharon Sitler, Daniel Souza, Timothy Souza as to defts' Daley and McDowell in their individual and official capacities. (Stuckenbruck, John) (Entered 52 MOTION entry of consent decree by City of Westfield, Dustin Cooper, Paul Sitler, Sharon Sitler, Daniel Souza, Timothy Souza, Westfield Public Schools.(Stuckenbruck, John) (Entered 53 Judge Frank H. Freedman EndorsedORDER entered granting 52 Motion for entry of Consent Decree; cc/cl. (Finn, Mary) (Entered 54 Judge Frank H. Freedman ORDER entered CONSENT DECREEE entered for the Pltfs.; cc/cl.(Finn, Mary) (Entered Notice of correction to docket made by Court staff. Correction document 55 Order corrected because document deleted due to being docketed in the incorrect case. (Finn, Mary) (Entered

Summary: 


Several student members of a high school religious club brought suit against the city of said high school alleging violation of their freedom of speech, assembly, and free exercise of religion under the First Amendment's Establishment Clause and Free Exercise Clause. The plaintiffs also alleged unlawful discrimination based on the religious content of their speech in violation of the Equal Access Act and the Fourteenth Amendment's Equal Protection Clause, in addition to violation of their freedom of expression under Massachusetts state law. On June 16, 2003, the Court entered a consent decree between the school and the plaintiffs. As per the decree, the defendants agreed to rescind punishment of the plaintiffs for the distribution of the religious materials, remove prior restraints and content-based restrictions of distribution of materials during non-instructional time without complying with substantive and procedural safeguards, so long as distribution doesn't substantially and materially disrupt the operation of the school or the new policies. The plaintiffs were awarded in attorneys' fees and costs and the case was closed.

