Author name: bauwau

Attorney Stephen Pfaff has successfully defended a state discrimination charge brought by a former correctional officer against the Essex County Sheriff’s Department. The former correctional officer alleged that he had been constructively discharged, despite evidence indicating that he had formally resigned via written letter. The plaintiff alleged that he had been discriminated against pursuant to c. […]

December 2012:  Attorney Stephen Pfaff, as Special Counsel to the City of Brockton, recently successfully defended a civil rights suit brought by the plaintiff who claimed he was falsely arrested  by the Brockton Police Department.  Name of case: Jeremiah and Laura Davila-Lynch v. City of Brockton, et. al.  Facts:  Plaintiff JDL was driving on American Legion

By Dave Rogers / The Daily News Newburyport, MA : Yesterday’s decision comes after three delays that pushed the trial from its scheduled January start until late August. The delays were prompted by the unavailability of witnesses or the over-scheduling of a judge, according to the Essex County District Attorney’s Office. McCarthy’s attorney, Douglas Louison, said

A 20 day suspension for allegedly not reporting the name of an officer who stepped on an inmate during a scuffle was overturned by the Commission. (BayState Legal Defense Service Newsletter, Volume I-1)

An Officer was terminated by his municipality for violations of MGL ch. 209A restraining orders and domestic violence. Said officer was reinstated in 2007 after successful negotiations at the Civil Service Commission. Two Officers terminated for excessive force on a prisoner had their discipline overturned by the CSC and were reinstated with back pay. The

In 2005, a 17 year veteran Officer was terminated. The Officer was wrongfully accused of accessing confidential departmental computer files. He was reinstated after a successful arbitration in 2007 where the termination was reduced to a two week suspension. The officer was reinstated with back pay. (BayState Legal Defense Service Newsletter, Volume I-1)

After a DOC inmate surprised and attacked a Corrections Officer, the Officers in the unit responded to restrain the inmate and clear the area. During a routine review of the video surveillance, the DOC investigators saw what appeared to be a BLDS member kicking the restrained inmate as he walked by his head. After a

The Appellant was disciplined for allegedly “fail[ing] conduct [him]self in a professional manner when [he] placed [his] finger in a female inmate’s face then placed [his] hand upon the female inmate’s back in an attempt to direct her from the clinic area” at MCI Framingham and received a three day suspension. After the Step II

An Arbitrator found that a Department wrongfully denied an employee’s request for FMLA leave to care for his ill wife. The Arbitrator found that the employee submitted sufficient medical records to support the valid request. See article below, Reduced Reporting Requirements When Applying for FMLA Leave to Care For a Spouse That Has A Serious

The Civil Service Commission voted not to adopt the recommended decision of a DALA (Division of Administrative Law Appeals) Magistrate. The Commission found that due to the course of events, including having the female employee’s desk moved into the men’s locker room, among other things, that sufficient animus existed on the part of the supervisor