Suit Over Student’s Expulsion Hinges on Freedom of Speech

A young Asian woman in a white blouse and black skirt, wearing glasses, reads a book intently among tall library shelves filled with books on diversity in music.

Private School’s Prerogative | Connecticut Law Tribune

The Gunnery Incorporated (“The Gunnery”) breached its contract with a student plaintiff by arbitrarily and capriciously expelling him without following its own rules set forth in its Disciplinary System, alleges a lawsuit filed on March 11, 2020, which was responded to by the defense in a motion to dismiss filed on May 15, 2020, in the Judicial District of Litchfield, Connecticut. The Gunnery is an elite co-educational boarding and day school based in Washington, CT and founded in 1850. This announcement comes from Allen Law Firm and The Law Offices of James C. Wing Jr.

At issue is an exchange that took place when Noah Greenberg (“Plaintiff”) of New York City, an 18-year-old senior at The Gunnery last fall, and co-captain of the football team, was playing in the final game of the season against the Millbrook School in New York on November 9, 2019.  At the end of the first quarter, trailing by 40 points and concerned about his safety and that of his fellow players, Greenberg suggested a change of plays to the head coach, who often asked members of the team for real time feedback. “What we are doing is just not working,” said Greenberg. The Gunnery Head Football Coach, Steve Gritti, then ordered the Plaintiff to “take off your damn pads.” He added: “You’re done!”