School District Prevails In Major First Amendment Jury Trial

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School District Prevails In Major First Amendment Jury Trial


On June 12, 2017, a federal jury entered a unanimous defense verdict in favor of School Administrative District 75 in a long–running First Amendment test case over whether a special education student had a constitutionally protected right carry an all–day recording device at school. After prevailing on the majority of issues at the summary judgment stage, including claims under the Americans with Disabilities Act, Fourth Amendment, and the IDEA, the U.S. District Court for the District of Maine held a four-day jury trial on the remaining First Amendment question. The jury returned a verdict in favor of SAD 75, which was represented at trial by Partners Daniel A. Nuzzi and Nathaniel A. Bessey. The plaintiffs were joined in the case by the American Civil Liberties Union of Maine and the national ACLU. The case is Pollack v. Regional School Unit 75, Case No. 2:13–cv–109–NT. The verdict was reported in the Portland Press Herald here.

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