Judge denies injunction in Marblehead coach lawsuit

LAWRENCE - Strong words and accusations flew back and forth inside a Lawrence Superior courtroom Thursday as the judge hearing the case between the Marblehead football coach and the family of a former player denied an injunction asking that coach Doug Chernovetz stay away from the boy.

Judge Kathe Tuttman agreed that there is a "likelihood of success" in accusations of assault by Chernovetz on Timothy Morris, as well as that his constitutional rights have been violated - charges that will still be heard later this year.

However, Tuttman ruled that the plaintiffs - the Morris family - did not produce satisfactory evidence on a charge that Chernovetz's conduct has resulted in irreparable emotional damage to the Morris boy, and denied a request from the family to order Chernovetz to stay away from the one-time tight end.

"This man is not a coach," attorney Gerard Malone, representing Michael Morris, the boy's father, said, referring to Chernovetz. "He is an abuser."

"This is nothing but an attempt by the Morris family to embarrass the Marblehead school department so that it will fire Mr. Chernovetz," said the coach's attorney, Sam Perkins. "I would suggest that the Morris family does not care what you rule today. If it can embarrass the administration into firing Mr. Chernovetz, then they'll be happy."

The younger Morris quit the football team last November. However, the Morris family met with athletic director Michael Plansky prior to basketball tryouts, according to the complaint, to assure the administration that Timothy Morris was on board for basketball.

During the meeting, the complaint alleges, Chernovetz was outside Plansky's office, looking at the family in a "menacing" manner. The next day, the complaint charges, Chernovetz confronted Morris in school and berated him.

"Did he go to the athletic director (to air his concerns)," Malone asked. "No. He went home and sulked. And the next day, he came in and confronted Timothy Morris. Imagine, a 40-year-old man who had such little self control that he assaults a 17-year-old boy."

As a result of the incident, the Morrises say, their son, a junior, fears for his safety if he attends school, which led to the charge of violating his constitutional rights.

During examination by Malone Thursday, both superintendent Paul Dulac and harassment officer Paula Dobrow testified that they were apprised of complaints by the Morris family regarding Chernovetz's conduct, and investigated them. As a result of that investigation, Chernovetz was suspended for the first two games of the 2008 season for chewing tobacco, a violation of state athletic association rules.

After the suspension was made public last month, the Morrises filed suit, charging Chernovetz had assaulted their son, caused him irreparable emotional damage, and violated his rights.

"The (the Morrises) asked for an investigation, and they got one," said Perkins. "What's going on here, is that the Morris family didn't like the results, and are now doing everything they can - throwing the kitchen sink at my client, and putting all kinds of muck out there for the media to report - all in an attempt to embarrass the administration into firing Mr. Chernovetz."

The results of the Marblehead investigation have not been made public, and Tuttman has yet to rule on a motion, by Perkins, that they remain accessible only to the attorneys involved in the case.

No date has been set for a trial.

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