Boston Police Department v. Civil Service CommissionAnnotate this Case
The Supreme Judicial Court affirmed the decision of the Civil Service Commission concluding that the Boston police department had not demonstrated reasonable justification for bypassing Michael Gannon for employment in 2013 because his hair sample tested positive for cocaine use in 2010, holding that that the Commission's decision was supported by substantial evidence and contained no error of law.
Specifically, the Commission determined that the department had not demonstrated by a preponderance of the evidence that Gannon in fact had used illegal narcotics. The department sought review of the Commission's decision, and the superior court judge overturned the decision and entered judgment for the department. The Supreme Judicial Court reversed the judge's order allowing the department's motion for judgment on the pleadings, holding that the Commission employed the correct standard and its decision contained no error of law and was supported by substantial evidence.