FURTADO v. TOWN OF PLYMOUTH

No. 06-P-892.

69 Mass. App. Ct. 319 (2007)

KEVIN J. FURTADO v. TOWN OF PLYMOUTH & others.

Appeals Court of Massachusetts, Plymouth

June 11, 2007.


Attorney(s) appearing for the Case

Robert M. Mendillo for the plaintiff.

Leonard H. Kesten for the defendants.

Present: Berry, Smith, & Doerfer, JJ.


DOERFER, J.

The plaintiff, Kevin J. Furtado, claims that his rights under G. L. c. 149, § 19B(2), were infringed when the town of Plymouth (town) police department (as his employer) ordered him to submit to a lie detector test in the course of an investigation to determine if he should be disciplined or terminated. His alleged misconduct would have amounted to a crime, if true. The relevant part of the statute reads:

"It shall be unlawful for any employer...

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