DUARTE v. HEALY


405 Mass. 43 (1989)

537 N.E.2d 1230

FREDERICK DUARTE vs. ROBERT W. HEALY & another.

Supreme Judicial Court of Massachusetts, Middlesex.

May 10, 1989.


Attorney(s) appearing for the Case

Edward D. Kalman (Andra R. Hotchkiss with him) for the defendants.

Willie J. Davis for the plaintiff.

Present: WILKINS, LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.


LIACOS, J.

The issue in this case is whether the defendants, public officials of the city of Cambridge, are entitled to qualified immunity from suit on claims against them under G.L.c. 12, §§ 11H & 11I, and G.L.c. 214, § 1B. The case arises out of a policy, adopted by the city, of subjecting fire fighter probationary recruits to urinalysis at random times during their training. On cross motions for summary judgment a judge in the Superior Court...

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