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BOSTON POLICE DEPARTMENT v. CIVIL SERVICE COMMISSION

SJC-12653.

483 Mass. 461 (2019)

BOSTON POLICE DEPARTMENT v. CIVIL SERVICE COMMISSION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

October 30, 2019.

Attorney(s) appearing for the Case

Michael F. Neuner for Michael Gannon.

Amy Spector , Assistant Attorney General, for Civil Service Commission.

Helen G. Litsas for the plaintiff.

James S. Timmins , for Massachusetts Municipal Lawyers Association, amicus curiae, submitted a brief.

Lisa J. Pirozzolo , Arjun K. Jaikumar , Julia A. Harvey , Julia Prochazka, & Oren Sellstrom, for Massachusetts Association of Minority Law Enforcement Officers, amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

The Boston police department (department) requires applicants for officer positions to be screened for drug use via a hair sample test. The department bypassed Michael Gannon for employment in 2013 because his hair sample tested positive for cocaine use in 2010. Gannon, who denied ever having used cocaine, appealed from the bypass to the...

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