In Boston police Department v. Jill Kavaleski Superior court action # 2009-4978 the Motions Judge in the the Superior Court appeal of the Civil service decision denied the City of Bostons request to stay the decision stating “I cannot make a preliminary determination regarding which side of this dispute has a likelihood of success on the merits. While commissioner Henderson’s decision is thorough and detailed and may well meet the substantial evidence test after a Judge hears this case on the merits, the findings of the two mental health professionals that led to the disqualification of the defendant Kavaleski do seem to identify a psychological condition sufficiently sever to prevent her from performing the essential functions of a Police Officer. However, I cannot say today which argument will likely prevail when this case is heard on the merits.
Thus, I think the legal and practical solution is to let the order of the civil service commission stand and have Ms. Kavaleski independently evaluated should a new list of candidates be called for by the Plaintiff.”
There has been alot made of Boston P.D. and why they are bypassing such a large number of individuals for psychological reasons. In following the cases, its apparent that the City of Boston is going to appeal the decisions against them as far as they can. Currently, Kavaleski is the one furthest along the road of appeals but the others bear watching as well.
Attorney Ronald A. Sellon