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Written by Bob Sprague    Saturday, 13 February 2010 12:42    PDF Print E-mail
Attorney for Levenson rejects allegations of retaliation

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While the federal civil lawsuit filed on behalf of two fired school employees alleges retaliation and intimidation, the attorney for the former superintendent denies these charges and expects to file an answer seeking rejection of a number of counts.

Barry Klickstein, the attorney for Nate Levenson, said Feb. 12 that by June 2007 his client "had put [then-Ottoson Principal] Bouris behind him. He had worked out an arrangement so she could return. The last thing he wanted was to deal with e-mails. And that second pile was the last thing he wanted to see."



In a telephone interview, Klickstein reflected on the past and future of a case that has roiled Arlington for two and a half years. He said he expects to respond to the lawsuit within the required 20 days; that is, by Feb. 28. He said he expects to target motions that he sees as weak.

Klickstein said Levenson expressed concern after the initial report in The Globe about the $7 million lawsuit filed in US District Court on behalf of Charles E. Coughlin Jr. and Bouris.

The attorney said Levenson wants to respond but cannot because of his client's involvement in the arbitration case brought by Bouris, which began last January and continues in a "very deliberate way." But, Klickstein said, Levenson cannot comment on matters related to the arbitration. Thus, Klickstein is providing comment.

The attorney made clear that the issues raised in the lawsuit remain allegations until proved or disproved in court.

Klickstein said Oct. 27 arbitrator's decision calling for Coughlin to get his job back was narrowly focused and that he expects it to be overturned. He said the ruling, based on a school policy that says officials cannot act on anonymous complaints, is based on criminal, not civil, law.

The lawsuit has been added to the docket of US District Court Judge Mark L. Wolf, who is expected to schedule criminal matters ahead of civil cases. Thus, Klickstein expects the process, should it go to trial, to be lengthy.

Arlington Town Counsel Juliana Rice wrote in an e-mail Feb. 12: "I certainly plan to respond to the complaint on behalf of the town in accordance with court rules. The town's response will be a matter of public record once it is filed.

Attorney Robert Gill of Peabody & Arnold has been assigned to the case by the School Committee's insurer. He was on vacation and could not be reached for comment.

School Committee Jeff Thielman, also a defendant in the lawsuit, wrote Feb. 12 that he has not retained counsel yet but should know soon who it is.

Tracy Buck, a technology employee who is another defendant, has not responded to a question asking who will represent her.

Alan Miller, the schools' attorney who investigated e-mail exhanges between Bouris and Coughlin, wrote in an e-mail Feb. 12 that "The insurance company, pursuant to the School Committee's insurance policy, is going to defend the lawsuit."


Boston Globe, Feb. 12: Levenson lawyer denies retaliation



Last Updated ( Saturday, 06 March 2010 12:32 )
 

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