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BOSTON v. MASS. COMM. AGAINST DISCRIMINATION

No. 94-P-666.

39 Mass. App. Ct. 234 (1995)

CITY OF BOSTON & another vs. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION.

Appeals Court of Massachusetts, Suffolk.

September 13, 1995.

Attorney(s) appearing for the Case

John M. Townsend for the plaintiffs.

George P. Napolitano for the defendant.

Present: ARMSTRONG, KASS, & JACOBS, JJ.

KASS, J.

On August 27, 1985, Larry Brooks, a provisional corrections officer at the Deer Island house of correction, and another guard, Paul Delaney, were involved in an altercation with several prisoners. In consequence of the affray, Brooks, who is black, was fired, and Delaney, who is white, received a commendation. Brooks complained to the Massachusetts Commission Against Discrimination (MCAD) that his discharge was racially motivated. In the employer's

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