Worthley v. City of Gloucester

In this case, Jeff Worthley filed a lawsuit against the School Committee of Gloucester and Superintendent Ben Lummis in Massachusetts Superior Court. However, the case was moved to the U.S. District Court for the District of Massachusetts.

Worthley made four allegations in the lawsuit. The first two were based on violations of the First Amendment and Due Process under 42 U.S.C. § 1983, while the other two claims were based on violations of Free Speech and Due Process under G.L. c. 12, § 11.

The lawsuit originated from an incident where Lummis issued a no trespass order against Worthley. The order was in response to a conversation and text messages that Worthley exchanged with a high school student at Gloucester Public Schools. The conversation was about volunteer work, and the student gave Worthley her phone number. Worthley then followed up with text messages about volunteering.
Worthley’s no trespass order was issued by City Attorney Egan, and it falsely claimed that Worthley’s discussions with the high school student posed a threat to the safety of the Gloucester High School community. As a result, the no trespass order prohibited Worthley from entering the Gloucester High School campus during school hours and from attending any school-sponsored event or activity for the remainder of the 2022-2023 school year.

A motion for injunctive relief was filed to prevent the School Committee of Gloucester and Superintendent Ben Lummis from enforcing the no trespass order against Worthley.

The lower court denied the motion.  

Berge appealed to the First Circuit Court of Appeals