In 2011, an individual made a complaint against a Waltham police officer that the officer inappropriately had threatened him. After its receipt, the complaint was investigated and, as a result of the inquiry, and after an appointing authority hearing presided over by a retired Judge, the officer was suspended. Through his union, the officer appealed the sanction and, at arbitration, the arbitrator reduced the discipline to a reprimand.

Apparently still dissatisfied, the officer filed a civil rights lawsuit against several defendants, including the Chief of Police who issued the suspension and the Captain who had conducted the investigation. The lawsuit alleged that the defendants violated the officer’s civil rights, invaded his privacy, engaged in a conspiracy, inflicted emotional distress, interfered with the officer’s advantageous relationship with the City, acted negligently and also defamed the officer.

The Chief and Captain were represented by RJA and, after the complaint was served, a motion to dismiss was filed. After oral argument on the motion, a Superior Court Judge agreed with RJA’s arguments that the officer had failed to state a viable claim against the Chief and the Captain, ordering that the complaint be dismissed with prejudice.

RESULT: Dismissal of all claims against RJA’s clients.

RJA Counsel: Andrew J. Gambaccini

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