Martin v. Town of Wilmington

INTRODUCTION

Plaintiff John Martin filed the present action on behalf of his son John against the Town ofWilmington (“the Town”) and the Wilmington School Department (“the Department”) alleging that the defendants were negligent and deprived John of a public education by failing to prevent a group of students from harassing and physically assaulting him during the 1997-1998 school year. This matter is before the court on the defendants’ motion for judgment on the pleadings pursuant to Mass.R.Civ.P. 12(c). For the reasons discussed below, the defendants’ motion is ALLOWED.

BACKGROUND

The…