John J. Davis

Partner
John J. Davis
John J. Davis
Partner

Attorney Biography

John J. Davis is a Partner with Pierce Davis & Perritano LLP.

He is head of the firm’s Governmental Liability and Civil Rights Practice Group.

His primary practice focuses on the defense of cities, towns, and other public employers and public officials in suits alleging civil rights violations, discrimination, harassment, negligence, and educators’ and school board liability.

Mr. Davis has successfully defended police officers sued for wrongful death and civil rights violations in connection with fatal shootings, high speed pursuits, and suicides by pre-trial detainees; school officials accused of harassment; sexual assault or unlawful discipline of students; and other public officials against allegations of defamation, abuse of process, unlawful license revocation, and wrongful termination.

Mr. Davis also serves as an independent investigator into complaints of harassment and discrimination in the workplace and Title IX violations. He has completed MCAD certified training in conducting internal employment discrimination complaint investigations.

Case Highlights

  • In 1999, Mr. Davis defended the Town of Dartmouth in the landmark school safety case of Brum v. Town of Dartmouth, 428 Mass. 684, where the Massachusetts Supreme Judicial Court ruled that a public school could not be held liable, either in tort or under various civil rights theories, for the unforeseen classroom stabbing death of a sixteen-year old high school student.
  • In 2008, Mr. Davis represented the Town of Lexington and Lexington school officials in Parker v. Hurley, 514 F. 3d 87 (1st Cir.), cert. den., 555 U.S. 815 (2008), the first case in the country in which a court upheld the right of public school officials to use same-sex teaching materials in the classroom.

Besides his primary practice areas, Mr. Davis also has significant litigation and trial experience in insurance coverage, sexual abuse and molestation, premises liability, and negligent security. He frequently appears in all Massachusetts courts, in the United States District Courts, and before the Massachusetts Commission Against Discrimination. Mr. Davis is also licensed to practice law in Rhode Island.

Mr. Davis has been practicing in Boston since 1981. In 1998, he joined in co-founding Pierce Davis & Perritano LLP.

Attorney Credentials

Education

Tufts University
1978
B.A.
,
cum laude
Boston University School of Law
1981
J.D.
,

Bar Admissions

Massachusetts
,
1981
Rhode Island
,
1992

Court Admissions

U.S. Court of Appeals for the First Circuit
1982
U.S. District Court, District of Massachusetts
1982
Supreme Court of the United States
2008
U.S. District Court, District of Rhode Island
2009

Attorney Experience

Representative Matters

Paradis v. Frost, 103 Mass. App. Ct. 410, rev. den., 493 Mass. 1105 (2023)

2023 Q4

Bush v. Acton-Boxborough Regional School District, 2023 WL 3605440 (D. Mass. May 23, 2023)

2023

Sullivan v. Town of Walpole, MA, 2023 WL 2696533 (D.Mass. March 29, 2023)

2023

Ciarametaro v. City of Gloucester, 87 F. 4th 83 (1st Cir. 2023)

2023 Q4

Doe v. Dennis-Yarmouth Regional School District, 578 F. Supp. 3d 164 (D. Mass. 2022)

2022
(As to Dennis-Yarmouth, the Court ALLOWS IN PART and DENIES IN PART the district's motion to dismiss (Dkt. 21). The surviving claims against Dennis-Yarmouth are Count I (negligence under MTCA), Count IV (Title IX), and Count V (Rehabilitation Act).)

3137, LLC v. Town of Harwich, __ F. Supp. 3d __, 2022 WL 267435 (D. Mass. Jan. 28, 2022)

2022

Furtado v. Town of Falmouth, 101 Mass. App. Ct. 1108, Rev. Den., 490 Mass. 1108 (2022)

2022

Hayes v. Town of Dalton, __ F. Supp. 3d __, 2022 WL 488466 (D. Mass. Feb. 17, 2022)

2022

Bush v. Fantasia, __F. Supp. 3d __, 2022 WL 4134501 (D. Mass. Sep. 12, 2022)

2022
Defendants' motion to dismiss was granted

Berge v. School Committee of Gloucester, 2022 WL 17417578 (D. Mass. Dec. 5, 2022)

2022

PLH, LLC v. Town of Ware, 102 Mass. App. Ct. 1103 (2022)

2022 Q4

Robinson v. Town of Marshfield, 950 F.3d 21 (1st Cir. 2020)

2020

Johnson v. Duxbury, 931 F.3d 102 (1st Cir. 2019)

2019

Burke v. Building Inspector of Town of Dennis, 94 Mass. App. Ct. 1110 (2018)

2018

Comley v. Town of Rowley, 296 F. Supp. 3d 327 (D. Mass. 2017)

2017

Venkataraman v. Graniteville Woods, LLC, 91 Mass. App. Ct. 1131 (2017)

2017

Federico v. Town of Rowley, 2016 WL 7155984 (D. Mass. Dec. 7, 2016)

2016 Q4

Loreti v. Tulimieri, 60 N.E.3d 1197 (Mass. App. Ct. 2016)

2016

Doe v. City of Fitchburg, 76 Mass. App. Ct. 1106 (2010)

2010

Lakeland Harbor SPE LLC v. Town of Rockland Rent Control Bd., 2010 WL 1223602 (D Mass. March 5, 2010)

2010

Comley v. Town of Rowley, 74 Mass. App. Ct. 1122, rev.den., 455 Mass. 1101 (2009)

2009

Jones v. Maloney, 74 Mass. App. Ct. 745 (2009)

2009

Anderson v. City of Gloucester, 75 Mass. App. Ct. 429, rev. den., 455 Mass. 1105 (2009)

2009

King v. Rivas, 555 F.3d 14 (1st Cir. 2009)

2009

McCarter v. Bi-County Collaborative, Inc., 73 Mass. App. Ct. 1115, rev.den., 453 Mass. 1108 (2009)

2009

Parker v. Hurley, 514 F.3d 87 (1st Cir.), cert. den., 555 U.S. 815 (2008)

2008

Anzalone v. Town of Middleton, 73 Mass. App. Ct. 1105 (2008)

2008

Martins v. Town of Rockland, 66 Mass. App. Ct. 1118 (2006)

2006

LaSota v. Town of Merrimac, 65 Mass. App. Ct. 1110 (2005), rev. den., 446 Mass. 1104 (2006)

2006

Tinkham v. Kelly, 2006 WL 8458373 (D. Mass. March 19, 2006)

2006

Abington Transfer Station, LLC v. Board of Health of Abington, 64 Mass. App. Ct. 1111 (2005)

2005

Carlson v. Town of Ipswich, 61 Mass. App. Ct. 1112 (2004)

2004

Demers v. Leominster School Department, 263 F. Supp. 2d 195 (D. Mass. 2003)

2003

Jones v. Town of Sharon, 58 Mass. App. Ct. 1106 (2003)

2003

Brum v. Town of Dartmouth, 428 Mass. 684 (1999)

1999

Serrell v. Franklin County, 47 Mass. App. Ct. 400 (1999)

1999

Brayton v. Monson Public Schools, 950 F. Supp. 33 (D. Mass. 1997)

1997

Aubuchon v. Commonwealth, 933 F. Supp. 90 (D. Mass. 1996)

1996

Armstrong v. Lamy, 938 F. Supp. 1018 (D. Mass. 1996)

1996

Canney v. City of Chelsea, 925 F. Supp. 58 (D. Mass. 1996)

1996

Carista v. Berkshire Mutual Ins. Co., 394 Mass. 1009 (1985)

1985

Awards & Recognition

  • Martindale-Hubbell National Law Directory, AV® Preeminent Peer Review Rating
  • Selected to New England's Best Lawyers, 2024
  • Selected to The Best Lawyers in America© list in Employment Law – Management, 2016 – 2021
  • Selected to Massachusetts Super Lawyers, 2017-2024

Association Memberships

  • Massachusetts Bar Association
  • Rhode Island Bar Association
  • Massachusetts Municipal Lawyers Association
  • International Municipal Lawyers Association

Attorney News

Publications

Author of Chapter 15 "Tort Liability of Schools and School Employees" in School Law in Massachusetts (MCLE 2nd Edition 2012)
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"Title VII and the Workplace Romance," IMLA, The Municipal Lawyer Magazine (Jan./Feb. 2012)
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"Blogs, Social Networks, and the First Amendment," MMA Municipal Advocate (May 2010)
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"Strategies for Avoiding Employment Retaliation Claims," MMA Municipal Advocate (Nov. 2009)
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Developments in Municipal Law newsletter articles
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Numerous articles in CLE and insurance publications
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Speaking Engagements