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Court Denies Order Banning Man from All Women in Mass.

By Robert J. Ambrogi

Remember former state senator <a href="http://en.wikipedia.org/wiki/J._James_Marzilli,_Jr.">James Marzilli</a>? He resigned from the senate in the wake of his arrest for allegedly sexually assaulting women he approached walking on the streets in Lowell. Three of those women went to court seeking an injunction to prevent Marzilli from ever getting anywhere near them again.<br /><br />More notably, the women asked that the court issue the injunction not just on their own behalves, but on behalf of all women in Massachusetts -- a request that would effectively mean Marzilli would have to stay away from all members of the opposite sex. <br /><br />The trial judge denied to issue such an injunction and today the Appeals Court upheld the trial judge's ruling. It held that these private plaintiffs have no standing under the state's civil rights law to seek an injunction on behalf of the public at large. <br /><br />The full opinion is here: <a href="http://www.westlaw.com/find/default.wl?SerialNum=2020162124&DB=MA%2DORSLIP&FindType=Y&sp=massof%2D1000&RS=ICLP2.0&VR=1.0&SV=Full&DOLOCATE=Locate&LQuery=to%28allsct%20allsctrs%20allsctoj%20allapp%20allapprs%29" target="_blank">Carroll v. Marzilli</a>.<div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/3958829-8528816406589677587?l=www.legaline.com%2Flawsites.html' alt='' /></div>

Full post as published by Lawsites on December 04, 2009 (boomark / email).