Archives for November 2012

RJA succeeds in City’s appeal from favorable Civil Service Commission ruling reinstating the Chief of Police for the City of Methuen

In an earlier posting, RJA’s success in securing the return of the Methuen, Massachusetts Chief of Police to work after an improper termination was described.  Following the decision of the Civil Service Commission to return the Chief of Police to work, the City of Methuen filed an appeal with the Superior Court seeking to overturn that Commission decision.  Initially, the City sought an injunction preventing the Chief from returning to work while the City’s appeal was decided in the Court system.  RJA successfully opposed that request for an injunction and the Chief returned to work in short order.  Following extensive briefing and an oral argument in Lawrence Superior Court, in July, 2012, the Superior Court rejected the City’s appeal concluding that not one of the City’s various arguments had any merit.

RESULT:  The Commission decision ordering the return of the Chief of Police to work was affirmed.  With the time to appeal the Superior Court judgment to the Appeals Court now having expired, the decision now is a final judgment.

RJA CounselAndrew J. Gambaccini and John K. Vigliotti

RJA obtains dismissal of federal civil rights complaint against Massachusetts State Police lieutenant

RJA’s client, a detective lieutenant with the Massachusetts State Police, was assigned to investigate an internal affairs complaint made by a citizen against a trooper.  The detective lieutenant completed his investigation in a fair and impartial manner, including conducting the interviews of numerous witnesses.  Later, the complainant filed a civil rights lawsuit in federal court against the trooper, the detective lieutenant and others.  As to the detective lieutenant, the complainant alleged that the internal affairs investigation was biased and that the manner in which it was conducted and resolved violated her rights.

RESULT:  The federal court, after a motion to dismiss was filed by RJA on behalf of the detective lieutenant, dismissed the action against the detective lieutenant for failure to state a viable claim of constitutional harm.

RJA CounselAndrew J. Gambaccini

Andrew J. Gambaccini a Four Time Recipient of Massachusetts “Rising Star” Recognition

For the fourth time, the Worcester, Massachusetts law firm of Reardon, Joyce & Akerson, P.C. announces that Andrew J. Gambaccini, an associate with the firm, has been selected as a Massachusetts Rising Star by Law and Politics Media, Inc.  The award follows a rigorous, multi-phased process of review and is limited to attorneys under the age of forty who have been members of the bar for less than ten years and who already have distinguished themselves in the practice of law.  No more than 2.5% of the attorneys in the state are given this award, recognition for which is published annually in Massachusetts Super Lawyers Rising Stars Edition and in Boston magazine.

RJA secures Civil Service Commission’s reversal of Wareham, Mass police lieutenant’s wrongful termination.

In 2009, a police lieutenant in Wareham, Massachusetts was terminated for alleged ethics violations.  RJA represented the lieutenant and appealed the termination to the Civil Service Commission, arguing that the discipline was improper and based upon political motivations.  Following several days of hearing and the submission of a lengthy memorandum explaining why the discipline was improper, a unanimous Commission agreed that the lieutenant had been terminated wrongfully and ordered his return to work.

    RESULT:  The lieutenant was ordered to be returned to work, and to be made whole for his lost wages and benefits for the more than two years since he had been fired.  The result for the lieutenant was a check in the amount of more than $230,000.00.

    RJA Counsel:    Andrew J. Gambaccini