Andrew Gambaccini Selected To Write Employee-Side Commentary For The Massachusetts Civil Service Commission Reporter

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In Massachusetts, a significant number of public employees, including many police officers, are civil service employees and see their employment governed by the Commonwealth’s civil service laws and regulations.  The Massachusetts Civil Service Commission is the agency that processes and decides appeals of various types involving civil service employees, including disciplinary actions, bypass decisions, job classification disputes and other issues related to the civil service laws and regulations.

The Massachusetts Civil Service Commission Reporter is an important resource that publishes regularly the official decisions issued by the Civil Service Commission.  In addition to publishing the Commission’s decisions, the Reporter also features exclusive commentary from noted and experienced civil service attorneys.  These expert commentaries analyze the decisions of the Commission and provide readers with useful insight from the selected attorneys, who represent the sides of management and employees in disputes before the Commission.  Beginning in 2018, RJA Attorney Andrew Gambaccini will be writing the employee-side commentaries for the Reporter.

Filed Under: General Information, Media Coverage

RJA Vindicates Deputy Police Chief

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By Amaris Castillo | Lowell Sun

DRACUT — There will be no disciplinary action for Deputy Police Chief David Chartrand and Sgt. Gregg Byam will be suspended for one day without pay over their administration of the Police Department’s evidence locker.

The decisions end more than a year of controversy over the management of the evidence locker, which was the subject of a scathing September 2016 consultant’s report that found the Police Department failed to follow numerous evidence policy requirements that led to the mishandling of property and evidence.

“That was recommended and, out of respect for the process, out of respect for the hearing officer, I will accept his recommendation,” Town Manager Jim Duggan said Thursday of the recommendations recently rendered by hearing officer James P. Hall.

Chartrand’s lawyer, Andrew J. Gambaccini, said in an email to The Sun: “After having to endure months of speculation, as well as troubling negative commentary from Town Manager Duggan, Deputy Chief David Chartrand is pleased to have been vindicated by the hearing officer’s finding that there does not exist evidence to impose any discipline whatsoever upon the Deputy for matters related to the evidence room controversy in Dracut. The hearing officer in this case was Attorney James P. Hall, who was chosen by the Town Manager to sit as the finder of the facts in this case. Although hand-picked by the Manager, we always had every confidence in Attorney Hall and his reputation for thoroughness and honesty.  [Read more…]

Filed Under: Cases & Verdicts, Police Defense

April 11, 2018 – Federal Bar Association Panel Discussion

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On April 11, 2018, the Civil Rights Section and Massachusetts Chapter of the Federal Bar Association will present a panel discussion on “Qualified Immunity on the Cutting Edge: Has the Doctrine Run Its Course?” RJA Attorney Andrew Gambaccini will be one of the panelists, speaking on the doctrine of qualified immunity from the defense perspective. Other panelists include Judge Timothy Hillman, United States District Court Judge for the District of Massachusetts, and Professor Karen Blum of Suffolk University Law School. Further details can be found in the flyer for the panel. [download flyer]

Fed-Bar-Panel1Fed-Bar-Panel2

 

 

Filed Under: Media Coverage

Vigliotti and Gambaccini Named Super Lawyers

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The Worcester, Massachusetts law firm of Reardon, Joyce & Akerson, P.C. announces that two of its attorneys, John K. Vigliotti and Andrew J. Gambaccini, have been selected as Super Lawyers for 2017 by Super Lawyers Magazine.

Vigliotti receives the award for the third time, one for each year he has been eligible.  Prior to being named a Super Lawyer, Vigliotti was twice named a Rising Star by Super Lawyers Magazine.

Gambaccini receives the award in his first year of eligibility.  Previously, Gambaccini was named a Rising Star by Super Lawyers Magazine for eight years.

Each year, no more than five percent of the lawyers in Massachusetts are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.

Filed Under: Media Coverage

Personal Injury Claims in Massachusetts – What You Need To Know

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Personal injury means an injury to your body, mind or emotions, and it covers all types of injuries involving head injuries, slip and fall accidents, car or construction accidents, as well as medical malpractice. In Massachusetts, if you have suffered an injury that you believe was due to someone else’s medical negligence, then you can seek compensation, even if you were partly responsible for the accident. Before deciding to file a lawsuit, or pursue compensation, it is important to know your rights within the law. Therefore, it is highly recommended that anyone suffering due to any mishap, accident or medical injury contact a personal injury & medical malpractice attorney for advice and guidance through complicated personal injury laws. Consider the following:

Statute of Limitations

Massachusetts sets a time limit for an individual to file a personal injury lawsuit which usually begins on the date of injury.  There are a few cases where this date could shift, but nonetheless, the injured individual must keep the three-year limit in mind and seek legal advice as soon as possible. [Read more…]

Filed Under: General Information, Legal Articles, Personal Injury Articles

RJA Defends Against Inmate’s $5.7 Million Dollar Lawsuit Associated With Drug Lab Scandal

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The Daily Hampshire Gazette recently published a story concerning “[a] $5.7 million lawsuit filed in federal court in Springfield [that] sheds new light on the inner workings of the now-defunct Amherst Drug Lab and alleges failings of numerous state offices, a local police department and an entire municipality.

‘This is a case about government corruption,’ begins the 57-page lawsuit filed by Northampton attorney Luke Ryan on behalf of plaintiff Rolando Penate, of Springfield, in U.S. District Court.

The corruption, Penate alleges in the lawsuit, was widespread and led to his imprisonment for 5 years, 7 months and 12 days on a conviction of distribution of a class A substance. That conviction was ultimately dismissed in June in a 127-page ruling by Hampden Superior Court Judge Richard Carey.

Assistant attorney generals, Massachusetts State Police officers, state Department of Public Health chemists, leaders within DPH, Springfield Police and the city of Springfield are all alleged to have taken part in ‘multiple, overlapping conspiracies to suppress highly exculpatory evidence,’ the lawsuit states.”

RJA represents one of the named defendants in the lawsuit, Captain Steven Kent of the Springfield Police Department.  The Gazette article states that:

“Andrew J. Gambaccini, the attorney for Springfield Police Officer Steven Kent, said his client will file a motion to dismiss the claims against him.

It was not immediately known how many of the defendants have been officially served. Gambaccini is the only attorney named in court filing representing a defendant.

‘If that claim was trapped in a wet paper bag, it would not be able to fight its way out of the wet paper bag,’ Gambaccini said of the allegations against Kent.

In response, Ryan said, ‘I guess we’ll just have to wait and see.'”

[Read the entire article]

Filed Under: Media Coverage

What You Need To Know If Your Child Suffers an Injury Due to Negligence

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In Massachusetts, if a child suffers an injury due to faulty playground equipment, a bike accident, a slip and fall accident, or any type of negligence, that child’s parents or legal guardians have the right to pursue a claim on the child’s behalf.

It is often a challenge determining whether your child was injured due to the negligence of another party. Ask yourself:

  • Did your child simply fall, or did he slip on ice or snow that property owners neglected to clear? Property owners must make reasonable efforts to ensure that snow and ice are cleared for pedestrian traffic and may be liable for not doing so.
  • Did your child get injured at the pool due to unsafe conditions? Was there a lifeguard on duty who could have prevented the accident? Was the injury due to poor maintenance in the pool area, such as damaged or uneven cement, missing drain covers or broken ladders?
  • Did your child get injured by a product or toy that could have been defective? Did parts come off easily that your child swallowed or that punctured her skin?

[Read more…]

Filed Under: Legal Articles, Personal Injury Articles

After a Car Accident: Three Facts About Massachusetts Law

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If you have been injured in a car accident, there are several things you should know.

First, if you suffer personal injuries or damaged property caused by a car accident, you have three years from the date of the accident to file a lawsuit in court for damages. After this time, known as the statute of limitations, a court is likely to dismiss the lawsuit.

Second, Massachusetts law provides that car accidents are adjudicated under modified comparative fault. This means that the amount of your damages is decreased by any percentage of fault you are found to have had in the accident. For example, if a jury finds the other driver 85% at fault and you 15% at fault, then the total damage award of $10,000 gets reduced to 85% of $10,000.

Third, modified comparative fault in Massachusetts also means that a plaintiff can only be awarded damages if he or she is found to be 50% or less at fault for the accident. This is quite different from many other states in the U.S., which operate under a pure comparative fault rule. That rule means that a plaintiff can be awarded whatever percentage of damages a jury has decided they are not at fault. For example, if a jury found a plaintiff 60% at fault and the other driver 40% at fault, the plaintiff would still receive 40% of any total damages under pure comparative fault. That is not the case in Massachusetts, where the plaintiff would not be entitled to any damages.

If you have been injured in car accident and would like a free case evaluation to learn your options, please call our Worcester law office and speak directly to an experienced Massachusetts personal injury attorney.

Filed Under: Legal Articles, Personal Injury Articles

What You Need To Know To Start Your Personal Injury Case in Massachusetts

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The Massachusetts Accident Data Center website reveals an array of accidents that occur in our State every day: a 8 year old boy was injured while riding his bicycle in Worcester; a pedestrian was struck by a vehicle in Shrewsbury; and a two-car wreck in Paxton left four people seriously hurt. You can’t help but wonder what YOU would do, if you — or your little boy — had been injured. It’s an upsetting time, and it gets worse when you realize that you now have another challenge: finding a personal injury lawyer who will protect your rights and fight for just compensation. After all, it’s the only way you can be sure that you receive the care you need, whether it is immediate care for a broken bone or longer-term care, such as physical therapy or other rehabilitation therapy, to help you get back to where you were before the accident.

There are so many ways that injuries occur, and you certainly will require both medical and legal guidance in determining how to proceed in recovery. Our attorneys understand not only the stress and physical burdens you will endure, but also the financial challenges that lay ahead. Serious personal injury can change your life, and you need an experienced legal team by your side. [Read more…]

Filed Under: Legal Articles, Personal Injury Articles

MA Commission Against Discrimination (MCAD) Rejects Racism Claims Against Lawrence Police

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The below article published in The Valley Patriot describes a recent RJA success in a MCAD lawsuit.  A Lawrence police officer brought a discrimination complaint against the City of Lawrence and eight police supervisors, alleging that he was the victim of years of mistreatment based upon his ethnicity.  Andrew Gambaccini of RJA represented the eight police supervisors and, in an eighty-five page response to the complaint of discrimination, explained why each and every one of the allegations made by the complainant were without any merit whatsoever.  In a decision issued in April, 2017, the MCAD agreed, dismissing the complaint in its entirety and bringing vindication for each of the police supervisors.

By: Tom Duggan | The Valley Patriot

 Defendants in Discrimination Case Say They May Be Filing a Defamation Suit Against Fellow Officer

The Massachusetts Commission Against Discrimination (MCAD) has ruled in favor of Lawrence Police in a discrimination suit filed by embattled Lawrence Police Officer William Green.

Green accused the Lawrence Police Department, and in particular Superior Officers of racism and discrimination against him. Green is Black.

Green alleged that he was being treated differently than white officers when he was disciplined for, among other things; allowing a prisoner to escape, failing to turn in approximately $4,000 he had been paid in cash from doing private detail work at nightclubs, going outside the chain of command, and accessing the  database to obtain personnel information about another officer’s sick time.   [Read more…]

Filed Under: Cases & Verdicts, Police Defense
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