Fri, Jul 18 2008

Published: May 08, 2008 05:45 am    PrintThis  

Judge won't toss out case against Marblehead coach

By Julie Manganis
Staff writer

MARBLEHEAD — A judge has denied a request to dismiss a lawsuit accusing Marblehead High football coach Doug Chernovetz of threatening a former player but did bar the student's lawyer from using certain prior allegations against the coach to bolster his case.

Judge Kathe Tuttman issued her ruling yesterday and scheduled a hearing this morning in Lawrence Superior Court to hear arguments on a preliminary injunction that could potentially bar Chernovetz from the school while the case is pending.

In a lawsuit filed last month, the father of Marblehead High School junior Timothy Morris said the coach cornered the student near a stairwell a day after the boy and his parents had met with the school's athletic director.

Chernovetz allegedly referred to the boy in a derogatory manner and then told him that his decision to meet with the athletic director would affect him.

The complaint alleges that as a result of the encounter the boy can no longer attend school and felt threatened by Chernovetz.

The judge, in her decision, said Morris has met the basic elements of each count in the complaint, at least at the standard required to file the lawsuit.

The judge granted a request by Chernovetz's lawyers to strike what she termed "scandalous" allegations in a warrant application filed in an unrelated Connecticut case. The judge did allow the student's lawyers to refer to some of the allegations in their complaint.

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