McISAAC v. CIVIL SERVICE COMMISSION

No. 94-P-897.

38 Mass. App. Ct. 473 (1995)

MARTIN McISAAC vs. CIVIL SERVICE COMMISSION & another.

Appeals Court of Massachusetts, Suffolk.

May 2, 1995.


Attorney(s) appearing for the Case

Frank J. McGee for the plaintiff.

Everett J. Marder for Board of Selectmen of Pembroke.

Jonathan A. Abbott, Assistant Attorney General, for Civil Service Commission.

Present: BROWN, KASS, & PORADA, JJ.


KASS, J.

On the afternoon of July 20, 1991, a Saturday, Martin McIsaac played co-host with his brother at a cookout in Hanover. By early evening, McIsaac had become very drunk. At the time, McIsaac was on injured leave (see G.L.c. 41, § 111F) from the Pembroke police force because of a back injury. Acting on advice from McIsaac's woman friend, his brother found it wise to put him to bed. In the process of heaving...

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