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CONLEY V. DOE, Superior Ct. of MA, 2001, 14 Mass. L. Rptr. No. 3, 59

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CONLEY V. DOE, Superior Ct. of MA, 2001, 14 Mass. L. Rptr. No. 3, 59 Powered By Docstoc
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CONLEY V. DOE, Superior Ct. of MA, 2001, 14 Mass. L. Rptr. No. 3, 59 History: Defendants move to dismiss all eight counts of Plaintiff Conley’s complaint Facts: On January 12, 2001, Ms. Conley witnessed John writing “People I Want to Kill” on a piece of paper in study hall and took him to the school office; on January 17, 2001, school officials informed Ms. Conley that there was a 2nd piece of “People I Want to Kill” paper found that was written on January 12, and her name was on the list Issue(s): Did John’s “People to Kill” notes constitute assault against Ms. Conley? Holding: Not assault; defendants motion to dismiss all eight counts of the Complaint allowed Analysis: The first note didn’t contain Ms. Conley’s name and the second one, the one the school officials informed her about, did, but she did not witness them and John did not convey this to her personally, therefore it is not an assault; they cannot even constitute a threat b/c they were not directly communicated


				
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