Gannon v. City of BostonAnnotate this Case
For the first decade of his employment with the Boston police department, Plaintiff was a patrol officer performing the full range of patrol officer duties. The department later placed Plaintiff on administrative duty due to his loss of cognitive function and memory and his “neuropsychological problem of speed and accuracy.” The Boston Patrolmen’s Association subsequently filed a grievance on Plaintiff’s behalf demanding that he be permitted to resume the duties of a patrol officer. An arbitrator found that the Department did not act unreasonably in placing Plaintiff on administrative duty. Plaintiff filed a discrimination lawsuit against the city. The motion judge allowed the city’s motion for summary judgment. The Supreme Judicial Court reversed, holding that summary judgment was not appropriate because there were facts in dispute as to whether Plaintiff was a qualified handicapped person capable of performing the full duties of a patrol officer without posing an unacceptably significant risk of serious injury to himself or others.