Brittle v. City of Boston

Summary

The Massachusetts Supreme Judicial Court held that a suspended Boston police officer was not entitled to back pay under G. L. c. 268A, § 25, where related Federal criminal proceedings ended in his guilty plea. The court interpreted “criminal proceedings” to include the related Federal indictments, not merely the State indictments that initially triggered the suspension. The court affirmed the Superior Court’s summary judgment for the City of Boston.

Holdings

1. Brittle was not entitled to back pay because the criminal proceedings against him did not terminate without a finding or verdict of guilty. The related Federal proceedings remained pending throughout the suspension and ended in his guilty plea.
2. Where indictments brought by State and Federal authorities arise from closely related criminal conduct, "criminal proceedings" is not limited to the proceedings concerning the initial State indictment; the related Federal proceedings are included in determining whether the employee is entitled to back pay.
3. Madden did not require an award of back pay because it involved unrelated later Federal indictments brought after all State criminal proceedings had terminated, whereas Brittle's related Federal indictments were pending when the State charges were nol prossed.

Questions Presented

1. Whether G. L. c. 268A, § 25, entitled Brittle to back pay for the period of his suspension after the State indictments were nol prossed but related Federal indictments remained pending.
2. Whether the phrase "criminal proceedings" in G. L. c. 268A, § 25, encompasses related criminal proceedings brought by different prosecuting authorities.
3. Whether Madden v. Secretary of Public Safety controlled the entitlement to compensation where the State charges were terminated but related Federal charges remained pending.

Disposition

affirmed