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O'CONNOR v. POLICE COMMISSIONER OF BOSTON

408 Mass. 324 (1990)

557 N.E.2d 1146

JOHN T. O'CONNOR, JR. vs. POLICE COMMISSIONER OF BOSTON & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 13, 1990.

Attorney(s) appearing for the Case

James F. Lamond for the plaintiff.

Kevin S. McDermott, Special Assistant Corporation Counsel (Zara Kilmurray with him) for the defendants.

Charles R. Dougherty, William R. Forbush, & John Reinstein, for Massachusetts Civil Liberties Union Foundation, amicus curiae, submitted a brief.

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

O'CONNOR, J.

The plaintiff was a police officer on probationary status in the Boston police department (department). He was assigned to the Boston Police Academy to train as a cadet for twenty weeks. The plaintiff was dismissed from the department after the department was notified by the company it had retained to conduct drug screening tests that the plaintiff's urinalysis test had revealed traces of cocaine. The plaintiff denied using cocaine. His request for permission...

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