Civil Service, Boston Psych bypass cases update

The issue of the Boston Police department and whether they are disqualifying too many candidates for psychological reasons took another turn on March 9th, 2010.

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.”

Commentary,

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

About Attorney Ronald A. Sellon

Ronald A. Sellon is a licensed Attorney in the state of Massachusetts and U.S. District Court, Massachusetts as well as a Sergeant with a Municipal Police Department and U.S. military Veteran. Additionally, he has taught Criminal Procedure at the Massachusetts State Police Academy in New Braintree and has written a text on Criminal Procedure for police field training officer programs. He is a graduate of the FBI National Academy, was a 2008 recipient of the Massachusetts Coalition of Police (Mass C.O.P.) Presidents award and holds a Bachelors Degree in Law Enforcement, a Masters Degree in Criminal Justice Administration, and a Juris Doctor Law Degree. Questions related to content material may be directed to RSellon@PoliceLegalPromotions.com
This entry was posted in Civil Service News & Information, General, Mass. Labor Law News & Cases. Bookmark the permalink.

One Response to Civil Service, Boston Psych bypass cases update

  1. haha says:

    Li v. Reade 08-11405-NMG Memo & Order

    This case is going to have a jury trial on 12 October, 2010. The pro se plaintiff is still looking for an attorney with contingent fee.

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