McGONIGLE v. THE GOVERNOR


418 Mass. 147 (1994)

634 N.E.2d 1388

JOHN P. McGONIGLE vs. THE GOVERNOR & Others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 30, 1994.


Attorney(s) appearing for the Case

Jack I. Zalkind (Robert D. Cohan with him) for the plaintiff.

Thomas A. Barnico, Assistant Attorney General, for the defendants.

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


LIACOS, C.J.

John P. McGonigle commenced this action in the county court challenging the Governor's decision to suspend him without pay from the office of sheriff of Middlesex County. The Governor purported to act, pending the completion of a trial on a Federal criminal indictment lodged against the sheriff, pursuant to G.L.c. 268A, § 25 (1992 ed.). A single justice reserved and reported the question whether "the Governor...

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