Thirty-seven members of Boston College’s men’s and women’s swim and dive program dropped their lawsuit against the University Friday morning following Judge Diane Freniere’s decision on Thursday to deny a motion for an emergency injunction reinstating the team.
“Plaintiffs John and Jane Does 1-37, by their attorneys Nesenoff & Miltenberg, LLP, pursuant to Mass. R. Civ. P. Rule 41(a)(1), hereby discontinue the above styled action and dismiss the action without prejudice,” the notice of discontinuance reads.
The student-athletes filed a lawsuit against the University on Oct. 17 in Middlesex County Superior Court for allegedly imposing an unjustified blanket suspension on the team after recent hazing allegations. Freniere denied their motion for an injunction, saying the student-athletes’ claims were not backed by enough evidence and were not likely to succeed in court.
“We are disappointed with the decision as the goal of the swimmers was to practice and compete while the investigation proceeds,” said Stuart Bernstein, a partner at Nesenoff & Miltenberg, LLP, who represented the team members. “Because that goal has not been achieved, the swimmers have decided to dismiss the lawsuit.”
The student-athletes’ decision to drop the suit also comes after Freniere denied their motion on Wednesday to maintain anonymity in court proceedings.
In his statement, Bernstein said he hopes BC will still consider lifting the suspension despite the discontinuance.
“We continue to hope that the school will consider lifting the suspension and alleviating the mental health strain it continues to have on the entire team,” the statement reads.
