BREAULT v. CHAIRMAN OF BD, FIRE COMMR. OF SPRINGFIELD


401 Mass. 26 (1987)

513 N.E.2d 1277

RICHARD J. BREAULT vs. CHAIRMAN OF THE BOARD OF FIRE COMMISSIONERS OF SPRINGFIELD.

Supreme Judicial Court of Massachusetts, Hampden.

October 13, 1987.


Attorney(s) appearing for the Case

Harry P. Carroll, Deputy City Solicitor (Richard T. Egan, City Solicitor, with him) for the defendant.

Arthur D. Serota for the plaintiff.

Marjorie Heins & Robert Sherman, for Civil Liberties Union of Massachusetts & another, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


LIACOS, J.

A judge of the Superior Court concluded, in a pretrial order, that, even though the acts complained of by the plaintiff were performed by the defendant solely in his capacity as a public official, he is not immune from liability under the Federal or State civil rights laws, 42 U.S.C. § 1983 (1982) and G.L.c. 12, §§ 11H and 11I (1986 ed.).2 The judge also denied the defendant...

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