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Written by Bob Sprague    Wednesday, 22 August 2007 06:44    PDF Print E-mail
Judge blocks release of further e-mails

E-mail logo A Middlesex Superior Court judge has blocked public release of further e-mails in a lawsuit brought by the lawyer for the former Ottoson principal and a former teacher. On Aug. 15 Judge Bruce R. Henry ruled that the "risk of irreparable harm to the plaintiffs if the e-mails are disclosed far outweighs any harm to the Arlington Public Schools or to the media outlets requesting access to the e-mails."

Thus, Henry ruled on the side of Stavroula Bouris, dismissed as principal Aug. 22, and Chuck Coughlin, dismissed as a teacher Aug. 9. Representing them at the Aug. 13 hearing was attorney Frank Mondano of Boston.


Earlier story: Judge weighs lawsuit that seeks to stop release of e-mails


Henry's ruling says: "... [T]here is a reasonable prospect that the plaintiffs will succeed on the merits of their claims in Count III of their complaint ...."

YourArlington does not have a copy of the complaint to report Count III.

The judge's ruling then cites two cases -- G.L. c. 4, s7, Twenty-sixth (c); Globe Newspaper Co. v. Police Commissioner of Boston, 419 Mass. 852, 860 (1995) ("Otherwise private information does not necessarily lose that character by having been at one time placed in the public domain.") and

Attorney General v. Collector of Lynn, 377 Mass. 151, 156 (1979) (In considering a party's privacy interests, courts may consider whether disclosure would "result in personal embarrassment ot an individual or normal sensibilities," or whether the material contains "intimate details" of a "highly personal nature.")

Judge Henry rules that the defendants are prohibited from disclosing the e-mails in question to anyone or to any entity until further order of the court. A hearing on the merits of the plaintiffs' request for injunctive relief will be scheduled in the next 45 days.

E-mails involved in the investigation of the former principal and teacher have been sought under requests citing the state's Open Records Act by YourArlington.com, The Boston Globe, The Arlington Advocate, Channel 4 and Fox News (Channel 25).

YourArlington filed a public-records request July 16, seeking all e-mails involved in the probe. Under state law, a public body has 10 days to produce the records sought or explain in writing why it cannot. On July 31, Miller said the request was put off until Aug. 13 out of respect for the privacy of those involved.


 

YourArlington first published this story on Aug. 22, 2007.

 

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