SHERIFF OF SUFFOLK COUNTY v. JAIL OFFICERS AND EMPLOYEES OF SUFFOLK COUNTY

SJC-11229

465 Mass. 584 (2013)

SHERIFF OF SUFFOLK COUNTY, v. JAIL OFFICERS AND EMPLOYEES OF SUFFOLK COUNTY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 14, 2013.


Attorney(s) appearing for the Case

Timothy J. Casey , Assistant Attorney General, for the plaintiff.

John M. Becker for the defendant.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


CORDY, J.

This appeal arises from an action in the Superior Court to enforce an arbitrator's award of back pay to a jail officer employed and wrongfully discharged by the sheriff of Suffolk County (sheriff). The sheriff appeals from the judge's ruling that the jail officer, Joseph Upton, had no duty to mitigate his damages by seeking comparable employment. The Jail Officers and Employees of Suffolk County (union), on behalf of Upton, cross appeals from the judge's...

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