Doe v. Hopkinton Pub. Sch., CIVIL ACTION NO. 19-11384-WGY

• Decision Date: 22 September 2020
• Docket Number: CIVIL ACTION NO. 19-11384-WGY
• Citation: 490 F.Supp.3d 448
• Parties: John DOE, BY AND THROUGH his next friend Jane DOE, and Ben Bloggs, by and through his next friend Jane Bloggs, Plaintiffs, v. HOPKINTON PUBLIC SCHOOLS, Defendants.
• Court: U.S. District Court — District of Massachusetts

490 F.Supp.3d 448

John DOE, BY AND THROUGH his next friend Jane DOE, and Ben Bloggs, by and through his next friend Jane Bloggs, Plaintiffs,

v.HOPKINTON PUBLIC SCHOOLS, Defendants.

CIVIL ACTION NO. 19-11384-WGY

United States District Court, D. Massachusetts.

Signed September 22, 2020

Alexandra H. Deal, Paik, Brewington & Deal, LLP, Boston, MA, for Plaintiffs.

Elizabeth F. Toner, Joshua R. Coleman, Murphy, Lamere & Murphy, P.C., Braintree, MA, Douglas I. Louison, Matthew T. Goepfrich, Regina M. Ryan, Louison, Costello, Condon & Pfaff, LLP, Boston, MA, for Defendants.

FINDINGS OF FACT, RULINGS OF LAW, AND ORDER FOR JUDGMENT

YOUNG, D.J.

I. INTRODUCTION

This is a case about the limits of a school's ability to discipline bullying. This is not a case about whether a school's decision to discipline two students tangentially involved in an environment of group bullying was proportional or fair, but only whether the school violated those students’ First Amendment rights. As the school did not cross this Constitutional line, its disciplinary decisions must stand.

John Doe ("Doe") and Ben Bloggs ("Bloggs") (collectively, the "Students") are high school students who allege that Hopkinton District School ("Hopkinton" or the "School") and its administrators violated their rights to free speech under state and federal law.¹

Four claims are before the Court. In counts I and II, the Students seek declaratory and injunctive relief under 42 U.S.C. § 1983 for violations of their rights to freedom of speech and association under the First Amendment to the United States Constitution. See Am. Compl. Declaratory & Injunctive Relief ("Am. Compl.") ¶¶ 61-72, ECF No. 19; Compl. Declaratory & Injunctive Relief ("Bloggs Compl.") ¶¶ 61-71, Bloggs v. Cavanaugh, 19-cv-11987, (Sep. 19, 2019), ECF No. 1. In count III, the Students request a declaration that Hopkinton's anti-bullying policy and its enabling Massachusetts anti-bullying statute, Mass. Gen. L. ch. 71, §§ 37H and 37O, are unconstitutionally vague and overbroad.

See Am. Compl. ¶¶ 73-79; Bloggs Compl. ¶¶ 72-79. The final claim, corresponding to count IV in Doe's complaint and count V in Bloggs’ complaint, is for declaratory judgment under Massachusetts General Laws ch. 231A, § 1 due to the school's alleged violation of the Massachusetts law protecting students’ rights to free speech in school, Mass. Gen. Laws ch. 71, § 82. See Am. Compl. ¶¶ 80-84; Bloggs Compl. ¶¶ 84-88.

The Students and Hopkinton have cross-moved for summary judgment. ECF Nos. 64, 69. Hopkinton has filed an answer to the Students’ complaints, ECF No. 56, and the parties have fully briefed the issues for summary judgment. See Pls.’ Mem. Supp. Mot. Sum. J. ("Pls.’ Mem."), ECF No. 73; Def.’s Mem. Supp. Sum. J. ("Def.’s Mem."), ECF No. 74; Def.’s Opp'n Mot. Sum. J. ("Def.’s Opp'n"), ECF. No. 81; Pls.’ Opp'n Mot. Sum. J. ("Pls.’ Opp'n"), ECF No. 82; Pls.’ Reply Resp. Mot. Sum. J. ("Pls.’ Reply"), ECF No. 84. Both parties have submitted statements of material fact, as well as responses to each others’ statements. See Pls.’ Joint Statement Material Fact L.R. 56.1 ("Pls.’ SOF"), ECF No. 65; Def.’s L.R. 56.1 Statement Material Fact ("Def.’s SOF"), ECF No. 68; ECF Nos. 80, 83. The Commonwealth of Massachusetts submitted an amicus brief defending the constitutionality of Massachusetts General Laws ch. 71, § 37O, which defines bullying. See Mem. Commonwealth Massachusetts as Amicus Curiae Support. Def.’s Mot. Sum. J. ("Commonwealth Amicus"), ECF No. 90.

This Court held a remote Summary Judgment hearing on June 29, 2020. ECF No. 92. At that hearing, the parties agreed to proceed on a case stated basis, and this Court took all matters under advisement. Id.

After considering the record and the parties’ arguments, this Court rules for Hopkinton on all the Students’ state and federal as-applied challenges. With respect to the Students’ facial challenges to the Massachusetts bullying law, this Court rules that the Massachusetts law is neither overbroad nor vague.

II. FINDINGS OF FACT

A. The Bullying Investigation

On February 4, 2019 the father of "Robert Roe" ("Mr. Roe"), a ninth-grader at Hopkinton, filed a bullying complaint via Hopkinton's online portal alleging that another ninth-grade student, "C.G." had been bullying Roe on the bus ride home from a school hockey game. Pls.’ SOF ¶¶ 1-3. Mr. Roe identified three other members of the hockey team as witnesses: "M.B.," "T.M.," and "B.A." Id. ¶ 7. Plaintiffs John Doe and Ben Bloggs, both tenth graders at the time, were also members of the hockey team but were not listed as aggressors or witnesses in the complaint. Id. ¶ 8; Def.’s SOF ¶¶ 1-2, 4; see also Pls.’ SOF, Attach. A, Bullying Prevention & Intervention Report ("Roe Report"), ECF No. 65-3.

Mr. and Mrs. Roe also sent a contemporaneous email to Hopkinton with more information about the alleged bullying. See Pls.’ SOF, Attach. E, Letter from Mr. Roe to Evan Bishop, Josh Hanna, & Justin Pominville (Feb. 4, 2019), ECF No. 65-7. They reported that other members of the hockey team were excluding Roe at team events, that C.G. was recording him without his permission, and that these recordings were circulating in a group chat. Id. They also noted that, while the complaint focused on C.G., they "believed that additional students may be involved from the team." Id. The family further asked that Roe be moved out of a class he shared with two members of the team. Id.

Two assistant principals at the School, Josh Hanna ("Hanna") and Justin Pominville ("Pominville") investigated the Roe Report allegations. Def.’s SOF ¶¶ 7-8, 22-25.

Prior to interviewing Roe himself, Hanna spoke with M.B. and obtained his phone, Pls.’ SOF ¶¶ 45-48, which gave the investigators access to a Snapchat group called "Geoff da Man" consisting of eight members: C.G. (the original subject of the Roe Report), A.W., C.J., M.B., T.M., B.A., Doe and Bloggs. Def.’s SOF ¶¶ 10, 12. Bloggs described the purpose of the group as allowing the team members to socialize, share schedules, organize social events, and send pictures and videos of themselves and others that they found funny. Pls.’ SOF, Attach. N., Deposition of Ben Bloggs ("Bloggs Dep.") 19:23-20:9, ECF No. 65-14. Roe was not included in the group, and it was named after a tenth student "G.T." who also was not included. Def.’s SOF ¶¶ 11-13; Pls.’ SOF ¶ 54. Hanna and Pominville questioned all ten of these students (plus one other witness) in the course of their investigation. Pls.’ SOF ¶¶ 13, 14, 65; Def.’s SOF ¶ 24.

Snapchat is a social media application that allows users to share and edit photos, videos, and messages. Def.’s SOF ¶ 9. Its distinguishing feature compared to other social media is that any message will automatically delete itself, with group messages expiring after no more than 24 hours, unless the users take steps to save them. See When does Snapchat delete Snaps and Chats?, Snapchat.com, https://support.snapchat.com/en-US/article/when-are-snaps-chats-deleted (last accessed June 10, 2020).

Roe informed the assistant principals that five students were involved in the alleged bullying: C.G., A.W., T.M., C.J., and B.A. Pls.’ SOF ¶ 32. This conduct included sneaking photos and videos of him on the bus and at team spaghetti dinners, sharing photos of him on Snapchat, and whispering about him in his presence. Id. ¶¶ 28-31; id., Attach. G, Bullying Investigation Report ("Bullying Report") P000146-147, ECF No. 65-9. At one point, C.G. tried to get him to say "I am gay" and "dick" on camera. Pls.’ SOF ¶ 29; Bullying Report P000147. Roe did not mention Bloggs during this interview and said that Doe was "not active in isolating" him. Pls.’ SOF ¶¶ 36-40; Bullying Report P000147.

Upon gaining access to the "Geoff da Man" Snapchat group on February 4, Hanna and Pominville were able to view and preserve the messages that had not yet been automatically deleted. Def.’s SOF ¶¶ 19-20; id., Attach. K, Pominville Deposition ("Pominville Dep.") 92, ECF No. 65-11; id., Attach. B, Hanna Deposition 49, ECF No. 65-4. On the Snapchat group were multiple videos and pictures of Roe dating back as far as January 19, along with pictures of other members of the team. Pominville Dep. 104-05; Def.’s SOF, Ex. 6, Screenshots ("Snapchat Screenshots"), ECF No. 65-17. The Snapchat Screenshots show extremely derogatory comments by C.J., T.M. and A.W. regarding Roe's appearance, voice, and play on the ice. Id. at P000033-38. For example, A.W. states -- referring to Roe -- that "[h]is face in his gay ass helmet is so funny." Id. at P000038.

Doe and Bloggs both discussed Roe in the Snapchat group, though to a lesser extent. Bloggs asked "Was Dylan's grandma in the third row," prompting M.B.’s response that "They tied her to the hood," and J.C.’s reply: "With bungee cord?" Id. at P000034. Bloggs then says, "Are [Roe]’s parents ugly too [o]r did he just get bad genes," and after T.M. shares a photo of Mr. and Mrs. Roe, Bloggs responds with "A family of absolute beauties." Id. at P000034-35. In a separate conversation, Doe says, "[A.W.] and [Roe] were made on the same day[.] [A.W.] was the starting product and [Roe] is what it turned into kinda like a game of telephone in 1st grade," to which Bloggs responds, "[Roe]’s leather shampoo makes up for the looks though." Id. at P000036. The only other message in evidence from either of them is on a thread where Bloggs identifies one of Roe's online usernames. Id. at P000037.

Hanna and Pominville conducted all interviews for the investigation between February 4th and 6th, contacting the parents of the investigation targets on the night of February 4th. Bullying Report PO000146. They noted in their report that Mr. Roe had contacted the hockey coach prior to filing the Bullying Report, and in response the coach had spoken with some of the players. Id. at PO000148.² The report included summaries of interviews with each of the eight members of the Snapchat group, with Roe, and with two other members of the team who were...