Case: Jones v. City of Boston

1:05-cv-11832 | U.S. District Court for the District of Massachusetts

Filed Date: July 26, 2005

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 26, 2005, a group of current and former Boston Police Department (BPD) officers, an applicant to the BPD, and the Massachusetts Association of Minority Law Enforcement Officers filed this lawsuit in the Suffolk County Massachusetts Superior Court. The plaintiffs sued the City of Boston and the Boston Police Department under 42 U.S.C. § 1983 and 1981, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.), and state law. The plaintiffs…

On July 26, 2005, a group of current and former Boston Police Department (BPD) officers, an applicant to the BPD, and the Massachusetts Association of Minority Law Enforcement Officers filed this lawsuit in the Suffolk County Massachusetts Superior Court. The plaintiffs sued the City of Boston and the Boston Police Department under 42 U.S.C. § 1983 and 1981, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (42 U.S.C. §§ 12111 et seq.), and state law. The plaintiffs claimed that the defendants engaged in discriminatory drug testing practices. Specifically, the plaintiffs alleged that the hair test used to screen police officers and applicants for drug use disproportionately affected people of color, and that they were wrongly terminated, denied employment, or required to enter drug treatment programs as a result of errors in the test.

The plaintiffs argued that hair tests were notorious for yielding false positives on hair samples from people of color specifically and were acknowledged by the Society of Forensic Toxicologists as being unreliable. In fact, the complaint stated, many of the candidates who were let go from BPD had alternative hair tests come up as “negative”. These flawed exams, the plaintiffs argued, were thus too imprecise, arbitrary and biased to be the basis for hiring and firing decisions. The plaintiffs requested a permanent injunction against the use of the hair test, to be reinstated with proper seniority, full back pay for the fired officers including sick leave and interest, attorneys’ fees, punitive and compensatory damages.

On September 9, 2005, the case was removed to the U.S. District Court for the District of Massachusetts at the request of the defendants who stated the majority of the plaintiffs' claims rested in federal law. On October 7, 2005, the defendants filed two motions to dismiss. On November 4, 2005, Judge George A. O'Toole, Jr. denied their motions.

Judge O'Toole granted the plaintiffs permission to amend their complaint to add two additional plaintiffs. Between 2006 and 2011, the parties engaged in numerous discovery disputes.

Subsequently, the defendants filed a motion for summary judgment and the plaintiffs filed a motion for partial summary judgment. On September 28, 2012, Judge O'Toole granted summary judgment to the defendants on all counts. Judge O’Toole ruled that the plaintiffs did not meet their burden of proof to show the hair test policy causes a disparate impact on the basis of race. The District Court focused on the fact that 97-99% of African Americans passed the test, while 99-100% of White officers passed. 2012 WL 4530594. The plaintiffs appealed to the U.S. Court of Appeals for the First Circuit.

On May 7, 2014, the First Circuit ruled that there was enough evidence to show disparate impact on the basis of race under Title VII. The statistics from the use of the hair tests from 1999-2006 were analyzed by both courts. In response to the district court's conclusion that the hair test resulted in no disparate impact, the First Circuit highlighted the disparity in those who tested positive. Over the eight years evaluated in this case, 1.3% of black officers tested positive and .28% of white officers tested positive, so for this period a black officer was five times more likely to test positive than a white officer. The Circuit Court held that the statistics presented did constitute a disparate impact on the basis of race and remanded the case back to the District of Massachusetts. 752 F.3d 38.

On July 21, 2014, the case was reassigned from Judge O'Toole to Judge Douglas P. Woodlock.

On December 10, 2014, the defendants again requested summary judgment the District of Massachusetts. On August 6, 2015, Judge Woodlock again granted summary judgment for the defendants. He found that where a policy created a disparate impact under Title VII, the burden shifted to the employer to prove there is “Job Relatedness and Business Necessity” for the policy. Judge Woodlock found that the BPD met this burden. 118 F. Supp. 3d 425.

On September 1, 2015, the plaintiffs again appealed to the U.S. Court of Appeals for the First Circuit. The First Circuit affirmed the district court's ruling that drug testing was necessary and related to the BPD. However, for the third prong of the test, the First Circuit vacated and remanded to the district court on to decide whether a reasonable fact finder could determine that an alternative drug testing method existed, that the alternative method would have a less disparate impact, and that the BPD refused to implement this policy.

On remand, the parties reopened discovery. Judge Woodlock conducted a six-day bench trial that began on March 5, 2018 and concluded on April 28, 2018. As of April 13, 2020, Judge Woodlock has not yet ruled on the case. There has been no docket activity since November 6, 2019.

Summary Authors

Kelly Ehrenreich (10/2/2016)

Hope Brinn (4/13/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4283401/parties/jones-v-city-of-boston-boston-police-department/


Judge(s)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

O'Toole, George A. Jr. (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Adkins, John F. (Massachusetts)

Baker, Robert B. (Massachusetts)

Benson, William F. (Massachusetts)

Bohenek, Matthew T. (Massachusetts)

Bresnahan, Elizabeth M. (Massachusetts)

Judge(s)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

O'Toole, George A. Jr. (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Adkins, John F. (Massachusetts)

Baker, Robert B. (Massachusetts)

Benson, William F. (Massachusetts)

Bohenek, Matthew T. (Massachusetts)

Bresnahan, Elizabeth M. (Massachusetts)

Buckley, Margaret Mary (Massachusetts)

Cohen, Nadine M. (Massachusetts)

Cooper, Jenny K. (Massachusetts)

El-Mallawany, Deana K. (Massachusetts)

Fisher, Nikki J. (Massachusetts)

Heining, Eric A. (Massachusetts)

Jaikumar, Arjun K. (Massachusetts)

Lue, Yin-Shuan (Massachusetts)

Macris, Aaron (Massachusetts)

Maslow-Armand, Laura (Massachusetts)

Olshan, Jeffrey (Massachusetts)

Pirozzolo, Lisa J. (Massachusetts)

Prussia, Kevin S. (Massachusetts)

Rachal, Doreen M. (Massachusetts)

Reynolds, Alexandra Rueckle (Massachusetts)

Robertson, Paul M. (Massachusetts)

Rodriques, Louis A. (Massachusetts)

Rollins, Rachael Splaine (Massachusetts)

Rutkowski, J. Rheba (Massachusetts)

Sartori, Elizabeth M. (Massachusetts)

Sellstrom, Oren M. (California)

Webster, Raquel J. (Massachusetts)

Wolkoff, Eric D. (Massachusetts)

Woodham, Maricia D. (Alabama)

Zhu, Ming M. (Massachusetts)

Attorneys(s) for Defendant

Chernetsky, James M. (Massachusetts)

Clarkson, Michael K. (Massachusetts)

Condon, Amy E. (Massachusetts)

Ferrer, Nicole Murati (Massachusetts)

Fitzpatrick, Thomas S. (Massachusetts)

Harris, Mary Jo (Massachusetts)

Litsas, Helen G. (Massachusetts)

O'Connor, Sean P. (Massachusetts)

Taub, Nicole I. (Massachusetts)

Weise, Susan M (Massachusetts)

Other Attorney(s)

Biagetti, Peter A. (Massachusetts)

Holland, John A. Jr. (Massachusetts)

Khondker, Omar A. (Massachusetts)

Leary, Meredith M. (Massachusetts)

Expert/Monitor/Master

McGee, Amanda V. (Massachusetts)

Woodlock, Douglas Preston (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 6, 2019 Docket
1-3

Complaint

Sept. 9, 2005 Complaint
17

First Amended Complaint

April 7, 2006 Complaint
191

District Court Opinion, 9/27/12

2012 WL 4530594

Sept. 27, 2012 Order/Opinion
116685030

First Circuit Court of Appeals Opinion 5/7/14

U. S. Court of Appeals for the First Circuit

752 F.3d 38

May 7, 2014 Order/Opinion
259

District Court Opinion 8/6/15

118 F.Supp.3d 425

Aug. 6, 2015 Order/Opinion
269

Opinion [USCA 1st Circuit]

U. S. Court of Appeals for the First Circuit

845 F.3d 28, 2016 WL 7451307

Dec. 28, 2016 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4283401/jones-v-city-of-boston-boston-police-department/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

NOTICE OF REMOVAL by City of Boston, Boston Police Department, Kathleen O'Toole from Suffolk Superior Court, case number 05-03123. $ 250, receipt number 66716, filed by City of Boston, Boston Police Department, Kathleen O'Toole. (Attachments: # 1 Civil Cover Sheet # 2 Attached documents)(Edge, Eugenia) (Entered: 09/14/2005)

2 Civil Cover Sheet

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3 Attached documents

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Sept. 9, 2005 RECAP

If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Bowler. (Edge, Eugenia)

Sept. 9, 2005 PACER
2

MOTION (Without Objection) for Extension of Time to September 30, 2005 to File Response/Reply by City of Boston, Boston Police Department, Kathleen O'Toole. c/s(Edge, Eugenia) (Entered: 09/19/2005)

Sept. 14, 2005 RECAP
3

STATE COURT Record City of Boston, Boston Police Department served on 8/20/2005, answer due 9/9/2005; Kathleen O'Toole served on 8/20/2005, answer due 9/9/2005.. (Chernetsky, James) Additional attachment(s) added on 9/28/2005. Pages corrected for proper viewing (Edge, Eugenia). Modified on 9/28/2005 to add text (Edge, Eugenia). (Entered: 09/20/2005)

Sept. 20, 2005 RECAP
4

MOTION for Extension of Time to 10/7/05 to File Answer by City of Boston, Boston Police Department, Kathleen O'Toole.(Ambarik, Amy) (Entered: 09/29/2005)

Sept. 29, 2005 RECAP

Electronic notice of correction to docket made by Court staff. Attorney Marcia Woodhamn's record modified to permit e-mail notification by the Court's ECF noticing system. (Hurley, Virginia)

Sept. 30, 2005 PACER
5

ANSWER to Complaint with Jury Demand With Affirmative Defenses by City of Boston, Boston Police Department.(Chernetsky, James) (Entered: 10/07/2005)

Oct. 7, 2005 RECAP
6

MOTION to Dismiss by Kathleen O'Toole.(Chernetsky, James) (Entered: 10/07/2005)

Oct. 7, 2005 RECAP
7

MOTION to Dismiss by City of Boston, Boston Police Department.(Chernetsky, James) (Entered: 10/07/2005)

Oct. 7, 2005 RECAP
8

MEMORANDUM in Support re 7 MOTION to Dismiss filed by City of Boston, Boston Police Department. (Chernetsky, James) (Entered: 10/07/2005)

Oct. 7, 2005 RECAP
9

Assented to MOTION for Extension of Time to November 4, 2005 to File Plaintiffs' Response to Motions to Dismiss The Boston Police Department and Commissioner Kathleen O'Toole as Defendants by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers.(Rollins, Rachael) (Entered: 10/19/2005)

Oct. 19, 2005 RECAP

Judge George A. O'Toole Jr.: ElectronicORDER entered granting 4 Motion for Extension of Time to Answer City of Boston, Boston Police Department answer due 10/7/2005; Kathleen O'Toole answer due 10/7/2005., granting 9 Motion for Extension of Time (Lyness, Paul)

Oct. 24, 2005 PACER
10

NOTICE of Scheduling Conference Scheduling Conference set for 1/24/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly.(Lyness, Paul) (Entered: 10/25/2005)

Oct. 25, 2005 RECAP
11

Opposition re 7 MOTION to Dismiss, 6 MOTION to Dismiss Plaintiff's Claims Against the Boston Police Department and Commissioner Kathleen O'Toole filed by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Rollins, Rachael) (Entered: 11/04/2005)

Nov. 4, 2005 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered finding as moot 2 Motion for Extension of Time to File Response/Reply, denying 6 Motion to Dismiss, denying 7 Motion to Dismiss (Lyness, Paul)

Dec. 13, 2005 PACER
12

Assented to MOTION to Continue Local Rule 16.1 Scheduling Conference to 2/7/06 Or A Date Permitted By Court's Calendar by City of Boston, Boston Police Department, Kathleen O'Toole.(Chernetsky, James) (Entered: 01/19/2006)

Jan. 19, 2006 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 12 Motion to Continue Scheduling Conference set for 2/9/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)

Jan. 20, 2006 PACER
13

CERTIFICATE OF CONSULTATION Pursuant to Local Rule 16.1(D)(3) by James M. Chernetsky on behalf of all plaintiffs. (Chernetsky, James) (Entered: 02/03/2006)

Feb. 3, 2006 RECAP
14

JOINT STATEMENT re scheduling conference PURSUANT TO FED. R. CIV. P. 26(f) AND LOCAL RULE 16.1. (Chernetsky, James) (Entered: 02/03/2006)

Feb. 3, 2006 RECAP
15

CERTIFICATE OF CONSULTATION re 13 Certificate of Consultation Pursuant to Local Rule 16.1(D)(3) by Rheba Rutkowski on behalf of Massachusetts Association of Minority Law Enforcement Officers. (Rutkowski, Rheba) (Entered: 02/06/2006)

Feb. 6, 2006 RECAP

ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Scheduling Conference held on 2/9/2006. The court sets a status conference to take the temperature in the case as counsel proceed along with the idea being primarily to the science but to the extent that that requires knowing what happened to single people, aspects of reliability and so on. Status Conference set for 7/10/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Lyness, Paul)

Feb. 9, 2006 PACER
16

First MOTION to Amend Complaint by Ronnie Jones.(Rutkowski, Rheba) (Entered: 04/07/2006)

April 7, 2006 RECAP
17

AMENDED COMPLAINT AND JURY DEMAND against all defendants, filed by Ronnie Jones.(Rutkowski, Rheba) (Entered: 04/07/2006)

April 7, 2006 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 16 Motion to Amend (Lyness, Paul)

April 27, 2006 PACER

Remark- Pursuant to the scheduling conference on 2/9/06, a status conference is scheduled for Monday, July 10, 2006 at 2:00pm. (Lyness, Paul)

June 15, 2006 PACER
18

NOTICE of Appearance by Helen G. Litsas on behalf of City of Boston, Boston Police Department, Kathleen O'Toole (Litsas, Helen) (Entered: 06/22/2006)

June 22, 2006 RECAP
19

STIPULATION and Agreed Order Concerning Deposition of Kathleen O'Toole by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, City of Boston, Boston Police Department, Kathleen O'Toole, Richard Beckers. (Webster, Raquel) (Entered: 06/22/2006)

June 22, 2006 RECAP
20

Joint MOTION to Continue Scheduling Conference by City of Boston, Boston Police Department, Kathleen O'Toole.(Litsas, Helen) (Entered: 06/23/2006)

June 23, 2006 RECAP
21

NOTICE of Appearance by Raquel J. Webster on behalf of Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers (Webster, Raquel) (Entered: 06/23/2006)

June 23, 2006 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 20 Motion to Continue Status Conference set for 9/11/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)

June 26, 2006 PACER
22

Judge George A. O'Toole Jr.: ORDER entered. re 19 Stipulation, filed by Kathleen O'Toole,, Massachusetts Association of Minority Law Enforcement Officers,, Richard Beckers,, Ronnie Jones,, Walter R. Washington,, William E. Bridgeforth,, Shawn N. Harris,, Eugene Wade,, Georger C. Downing, Jr., Clararise Bristow,, City of Boston, Boston Police Department, (Lyness, Paul) (Entered: 06/26/2006)

June 26, 2006 RECAP
23

**Incorrect filing. See notice of correction dtd 7/27/06**NOTICE of Appearance by Raquel J. Webster on behalf of all plaintiffs (Webster, Raquel) Modified on 7/27/2006 (Edge, Eugenia). (Entered: 07/26/2006)

July 26, 2006 RECAP

Notice of correction to docket made by Court staff. Correction: Entry #23 Notice of Appearance filed as a notice of appearance AND notice of withdrawal corrected because: Incorrectly filed. Atty. Rodrigues must file his notice of appearance and Atty. Robertson MUST file his notice of withdrawal. Atty. Webster notified of incorrect filing and the proper procedures on how to electronically file notice of appearance and withdrawal. (Edge, Eugenia)

July 27, 2006 PACER
24

NOTICE of Withdrawal of Appearance by Paul M. Robertson of Paul M. Robertson (Robertson, Paul) (Entered: 07/27/2006)

July 27, 2006 RECAP
25

NOTICE of Appearance by Louis A. Rodriques on behalf of all plaintiffs (Rodriques, Louis) (Entered: 07/27/2006)

July 27, 2006 RECAP
26

NOTICE of Appearance by Mary Jo Harris on behalf of all defendants (Harris, Mary Jo) (Entered: 09/05/2006)

Sept. 5, 2006 RECAP
27

NOTICE of Appearance by Robert B. Baker on behalf of all plaintiffs (Baker, Robert) (Entered: 09/08/2006)

Sept. 8, 2006 RECAP

ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 9/11/2006. Defendant to submit initial disclosures and other outstanding discovery issues by 9/25/06. Counsel to submit a joint submission with a proposed discovery schedule due by 10/6/06. Status Conference set for 12/6/2006 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. (Court Reporter Shelly Killian.) (Lyness, Paul)

Sept. 11, 2006 PACER
28

Defendants ANSWER to Amended Complaint by City of Boston, Boston Police Department.(Harris, Mary Jo) (Entered: 09/25/2006)

Sept. 25, 2006 RECAP
29

JOINT STATEMENT of counsel With a Proposed Discovery Schedule. (Baker, Robert) (Entered: 10/05/2006)

Oct. 5, 2006 RECAP
30

MOTION to Withdraw James Chernetsky as Counsel for the Defendants by City of Boston, Boston Police Department, Kathleen O'Toole. (Attachments: # 1 Exhibit Notice of Withdrawl of James Chernetsky)(Litsas, Helen) (Entered: 11/14/2006)

2 Exhibit Notice of Withdrawl of James Chernetsky

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Nov. 14, 2006 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 30 Motion to Withdraw (Lyness, Paul)

Nov. 15, 2006 PACER
31

Joint MOTION to Continue Or Take Status Conference Off Calendar by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, City of Boston, Boston Police Department, Kathleen O'Toole, Richard Beckers.(Webster, Raquel) (Entered: 11/29/2006)

Nov. 29, 2006 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 31 Motion to Continue Status Conference set for 2/7/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)

Nov. 30, 2006 PACER
32

STIPULATION for Entry of Order Governing the Production and Exchange of Confidential Information by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, City of Boston, Boston Police Department, Kathleen O'Toole, Richard Beckers. (Attachments: # 1 Text of Proposed Order Order Governing the Production and Exchange of Confidential Information)(Baker, Robert) (Entered: 01/03/2007)

2 Text of Proposed Order Order Governing the Production and Exchange of Confidenti

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Jan. 3, 2007 RECAP
33

Judge George A. O'Toole Jr.: ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION entered. (Lyness, Paul) (Entered: 01/10/2007)

Jan. 8, 2007 RECAP
34

JOINT STATEMENT of counsel with a Revised, Proposed Discovery Schedule. (Baker, Robert) (Entered: 01/18/2007)

Jan. 18, 2007 RECAP
35

MOTION for Protective Order by City of Boston, Boston Police Department.(Harris, Mary Jo) (Entered: 01/29/2007)

Jan. 29, 2007 RECAP
36

MEMORANDUM in Support re 35 MOTION for Protective Order filed by City of Boston, Boston Police Department. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Harris, Mary Jo) (Entered: 01/29/2007)

2 Exhibit

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3 Exhibit

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4 Exhibit

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Jan. 29, 2007 RECAP

ElectronicClerk's Notes for proceedings held before Judge George A. O'Toole Jr.: Status Conference held on 2/7/2007. The motion for protective order is withdrawn w/o prejudice by counsel. The joint statement submitted by counsel is adopted. Stage 1 fact discovery shall be responded to or otherwise completed by 5/31/07. All Expert discovery shall be completed by 8/31/07; Motions to compel shall be completed no later than 9/28/07. Requests to admit shall be propounded by 9/21/07 and responded to by 10/12/07. Motions terminated: 35 MOTION for Protective Order filed by City of Boston, Boston Police Department,. (Court Reporter Marcia Patrisso.) (Lyness, Paul)

Feb. 7, 2007 PACER
37

NOTICE of Withdrawal of Appearance by Amy E Ambarik Of Margaret M. Buckley (Ambarik, Amy) (Entered: 02/21/2007)

Feb. 21, 2007 RECAP
38

NOTICE of Withdrawal of Appearance by Raquel J. Webster for Rachael Splaine Rollins Counsel for Plaintiffs (Webster, Raquel) (Entered: 02/22/2007)

Feb. 22, 2007 RECAP
39

NOTICE of Withdrawal of Appearance by Helen G. Litsas (Litsas, Helen) (Entered: 03/18/2007)

March 18, 2007 RECAP
40

NOTICE of Appearance by Nicole Murati Ferrer on behalf of City of Boston, Boston Police Department, Kathleen O'Toole (Murati Ferrer, Nicole) (Entered: 03/22/2007)

March 22, 2007 RECAP
41

MOTION to Compel Psychemedics Corporation to Produce its Standard Operating Procedures for Testing Hair Samples for Drugs of Abuse by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1 Exhibit Exhibit A - proposed Order)(Baker, Robert) (Entered: 05/15/2007)

2 Exhibit Exhibit A - proposed Order

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May 15, 2007 RECAP
42

MEMORANDUM in Support re 41 MOTION to Compel Psychemedics Corporation to Produce its Standard Operating Procedures for Testing Hair Samples for Drugs of Abuse filed by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1 Exhibit A - 1 of 2# 2 Exhibit A - 2 of 2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D - 1 of 2# 6 Exhibit D - 2 of 2)(Baker, Robert) (Entered: 05/15/2007)

2 Exhibit A - 1 of 2

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3 Exhibit A - 2 of 2

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D - 1 of 2

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7 Exhibit D - 2 of 2

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May 15, 2007 RECAP
43

Assented to MOTION for Extension of Time to 6/5/2007 to File Response/Reply as to 41 MOTION to Compel Psychemedics Corporation to Produce its Standard Operating Procedures for Testing Hair Samples for Drugs of Abuse by Psychemedics Corporation.(Holland, John) (Entered: 05/29/2007)

May 29, 2007 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 43 Motion for Extension of Time to File Response/Reply Responses due by 6/5/2007 (Lyness, Paul)

May 30, 2007 PACER
44

Joint MOTION for Extension of Time to 7/13/2007 to Complete Discovery of Stage I Fact Discovery by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers.(Baker, Robert) (Entered: 05/31/2007)

May 31, 2007 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 44 Motion for Extension of Time to Complete Discovery. All Stage I Fact Discovery ( as defined above and by the October 5, 2006 Joint Statement) shall be responded to or otherwise is completed by 7/13/07; Motions to compel regarding Stage I Fact Discovery shall be filed as soon as practicable, but not later than 7/20/07. (Lyness, Paul)

June 5, 2007 PACER
45

MEMORANDUM in Opposition re 41 MOTION to Compel Psychemedics Corporation to Produce its Standard Operating Procedures for Testing Hair Samples for Drugs of Abuse filed by Psychemedics Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Holland, John) (Entered: 06/05/2007)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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June 5, 2007 RECAP
46

MOTION to Compel Defendants to Produce Positive Hair Test Results And E-Mails Responsvie to Plaintiffs' Document Requests by William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1 Exhibit A - Proposed Order)(Baker, Robert) (Entered: 06/11/2007)

2 Exhibit A - Proposed Order

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June 11, 2007 RECAP
47

MEMORANDUM in Support re 46 MOTION to Compel Defendants to Produce Positive Hair Test Results And E-Mails Responsvie to Plaintiffs' Document Requests filed by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Baker, Robert) (Entered: 06/11/2007)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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June 11, 2007 RECAP
48

MOTION to Strike 45 Memorandum in Opposition to Motion, Including All References to the Content of the Affidavit of William Thistle Attached as Exhibit C by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers.(Baker, Robert) (Entered: 06/15/2007)

June 15, 2007 RECAP
49

MEMORANDUM in Support re 48 MOTION to Strike 45 Memorandum in Opposition to Motion, Including All References to the Content of the Affidavit of William Thistle Attached as Exhibit C MOTION to Strike 45 Memorandum in Opposition to Motion, Including All References to the Content of the Affidavit of William Thistle Attached as Exhibit C filed by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Baker, Robert) (Entered: 06/15/2007)

June 15, 2007 RECAP
50

Assented to MOTION for Extension of Time to july 2, 2007 to File Response/Reply as to 46 MOTION to Compel Defendants to Produce Positive Hair Test Results And E-Mails Responsvie to Plaintiffs' Document Requests by City of Boston, Boston Police Department.(Harris, Mary Jo) (Entered: 06/21/2007)

June 21, 2007 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 50 Motion for Extension of Time to File Response/Reply re 46 MOTION to Compel Defendants to Produce Positive Hair Test Results And E-Mails Responsvie to Plaintiffs' Document Requests Responses due by 7/2/2007 (Lyness, Paul)

June 29, 2007 PACER
51

MEMORANDUM in Opposition re 46 MOTION to Compel Defendants to Produce Positive Hair Test Results And E-Mails Responsvie to Plaintiffs' Document Requests and Cross Motion for Protective Order filed by City of Boston, Boston Police Department. (Attachments: # 1 Exhibit M. Reagan Deposition# 2 Exhibit Rule 111, Appendix D# 3 Exhibit Letter of Counsel# 4 Exhibit Deposition of J. Devlin# 5 Exhibit Affidavits, Fitzpatrick and Cappellano)(Harris, Mary Jo) (Entered: 07/02/2007)

2 Exhibit M. Reagan Deposition

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3 Exhibit Rule 111, Appendix D

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4 Exhibit Letter of Counsel

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5 Exhibit Deposition of J. Devlin

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6 Exhibit Affidavits, Fitzpatrick and Cappellano

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July 2, 2007 RECAP
52

Assented to MOTION to Seal Exhibit D to Defendants' Opposition to Plaintiffs' Motion to Compel and Cross Motion for Protective Order by City of Boston, Boston Police Department.(Harris, Mary Jo) (Entered: 07/03/2007)

July 3, 2007 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 52 Motion to Seal Exhibit D. (Edge, Eugenia)

July 6, 2007 PACER
53

Assented to MOTION for Leave to File A Short Reply Memorandum in Response to Defendants' Opposition to Plaintiffs' Motion to Compel by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers.(Baker, Robert) (Entered: 07/09/2007)

July 9, 2007 RECAP
54

Joint MOTION for Extension of Time to 8/3/2007 to Complete Discovery of Stage I Fact Discovery by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers.(Baker, Robert) (Entered: 07/12/2007)

July 12, 2007 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 53 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lyness, Paul)

July 12, 2007 PACER
55

MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Strike 45 Memorandum in Opposition to Motion, Including All References to the Content of the Affidavit of William Thistle Attached as Exhibit C MOTION to Strike 45 Memorandum in Opposition to Motion, Including All References to the Content of the Affidavit of William Thistle Attached as Exhibit C by Psychemedics Corporation.(Holland, John) (Entered: 07/12/2007)

July 12, 2007 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 54 Motion for Extension of Time to Complete Discovery, All Stage 1 Fact Discovery( as defined above and by the October 5, 2006 Joint Statement) shall be responded to or oatherwise completed by 8/3/07. Motions to compel regarding Stage 1 Fact Discovery shall be filed as soon as practicable, but not later than 8/17/07. (Lyness, Paul)

July 12, 2007 PACER
56

NOTICE of Appearance by Eric A. Heining on behalf of Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers (Heining, Eric) (Entered: 07/18/2007)

July 18, 2007 RECAP
57

REPLY to Response to Motion re 46 MOTION to Compel Defendants to Produce Positive Hair Test Results And E-Mails Responsvie to Plaintiffs' Document Requests (Leave to File granted on July 12, 2007) filed by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Heining, Eric) (Entered: 07/18/2007)

July 18, 2007 RECAP
58

Opposition re 55 MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Strike 45 Memorandum in Opposition to Motion, Including All References to the Content of the Affidavit of William Thistle Attached as Exhibit C MOTION to Strike 45 Mem MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Strike 45 Memorandum in Opposition to Motion, Including All References to the Content of the Affidavit of William Thistle Attached as Exhibit C MOTION to Strike 45 Mem filed by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1 Exhibit A)(Baker, Robert) (Entered: 07/20/2007)

2 Exhibit A

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July 20, 2007 RECAP
59

MOTION to Compel Psychemedics Corporation to Produce Documents by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1 Exhibit A - Proposed Order)(Baker, Robert) (Entered: 08/17/2007)

2 Exhibit A - Proposed Order

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Aug. 17, 2007 RECAP
60

MEMORANDUM in Support re 59 MOTION to Compel Psychemedics Corporation to Produce Documents filed by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10)(Baker, Robert) (Entered: 08/17/2007)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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Aug. 17, 2007 RECAP
61

MOTION to Compel Production of Non-Privileged Deposition Testimony and a Rule 26 Privilege Log by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1)(Heining, Eric) (Entered: 08/17/2007)

Aug. 17, 2007 RECAP
62

MEMORANDUM in Support re 61 MOTION to Compel Production of Non-Privileged Deposition Testimony and a Rule 26 Privilege Log filed by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(Heining, Eric) (Entered: 08/17/2007)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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Aug. 17, 2007 RECAP
63

MOTION for Protective Order by City of Boston, Boston Police Department.(Harris, Mary Jo) (Entered: 08/17/2007)

Aug. 17, 2007 RECAP
64

MEMORANDUM in Support re 63 MOTION for Protective Order filed by City of Boston, Boston Police Department. (Attachments: # 1 Exhibit Boyle deposition# 2 Exhibit DeBow deposition# 3 Exhibit Murphy deposition# 4 Exhibit Boyle notes; personnel order; intranet document)(Harris, Mary Jo) Additional attachment(s) added on 8/20/2007 (Edge, Eugenia). (Entered: 08/17/2007)

2 Exhibit Boyle deposition

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3 Exhibit DeBow deposition

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4 Exhibit Murphy deposition

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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Aug. 17, 2007 RECAP
65

CERTIFICATE OF CONSULTATION re 64 Memorandum in Support of Motion, 63 MOTION for Protective Order. (Harris, Mary Jo) (Entered: 08/17/2007)

Aug. 17, 2007 RECAP
66

Withdrawal of motion: 64 Memorandum in Support of Motion, filed by City of Boston, Boston Police Department, 63 MOTION for Protective Order filed by City of Boston, Boston Police Department.. (Harris, Mary Jo) (Entered: 08/28/2007)

Aug. 28, 2007 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 55 Motion for Extension of Time to File Response Plaintiffs' motion to strike the affidavit of William Thistle. (Edge, Eugenia)

Aug. 28, 2007 PACER
67

Opposition re 61 MOTION to Compel Production of Non-Privileged Deposition Testimony and a Rule 26 Privilege Log filed by City of Boston, Boston Police Department. (Attachments: # 1 Exhibit depositions# 2 Exhibit depositions# 3 Exhibit depositions)(Harris, Mary Jo) (Entered: 08/28/2007)

2 Exhibit depositions

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3 Exhibit depositions

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4 Exhibit depositions

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Aug. 28, 2007 RECAP

ELECTRONIC NOTICE of Hearing on Motion 59 MOTION to Compel Psychemedics Corporation to Produce Documents, 48 MOTION to Strike 45 Memorandum in Opposition to Motion, Including All References to the Content of the Affidavit of William Thistle Attached as Exhibit C MOTION to Strike 45 Memorandum in Opposition to Motion, Including All References to the Content of the Affidavit of William Thistle Attached as Exhibit C, 61 MOTION to Compel Production of Non-Privileged Deposition Testimony and a Rule 26 Privilege Log, 46 MOTION to Compel Defendants to Produce Positive Hair Test Results And E-Mails Responsvie to Plaintiffs' Document Requests, 41 MOTION to Compel Psychemedics Corporation to Produce its Standard Operating Procedures for Testing Hair Samples for Drugs of Abuse : Motion Hearing set for 10/10/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)

Sept. 5, 2007 PACER
68

NOTICE of Withdrawal of Appearance by Robert B. Baker (Baker, Robert) (Entered: 09/05/2007)

Sept. 5, 2007 RECAP
69

NOTICE of Appearance by William F. Benson on behalf of Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers (Benson, William) (Entered: 09/11/2007)

Sept. 11, 2007 RECAP
70

MOTION to Continue Motion Hearing to October 24, 2007 by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers.(Heining, Eric) (Entered: 09/21/2007)

Sept. 21, 2007 RECAP

Judge George A. O'Toole Jr.: Electronic ORDER entered granting 70 Motion to Continue Motion Hearing set for 10/24/2007 02:00 PM in Courtroom 9 before Judge George A. O'Toole Jr.. Please mark your calendars accordingly. (Lyness, Paul)

Sept. 24, 2007 PACER
71

NOTICE of Appearance by Laura Maslow-Armand on behalf of Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers (Maslow-Armand, Laura) (Entered: 10/05/2007)

Oct. 5, 2007 RECAP
72

NOTICE of Withdrawal of Appearance by Nadine M. Cohen (Cohen, Nadine) (Entered: 10/11/2007)

Oct. 11, 2007 RECAP
73

MOTION for Leave to File third party complaint by City of Boston, Boston Police Department.(Harris, Mary Jo) (Entered: 10/12/2007)

Oct. 12, 2007 RECAP
74

MEMORANDUM in Support re 73 MOTION for Leave to File third party complaint filed by City of Boston, Boston Police Department. (Attachments: # 1 Exhibit # 2 Exhibit)(Harris, Mary Jo) (Entered: 10/12/2007)

2 Exhibit

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3 Exhibit

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Oct. 12, 2007 RECAP
75

CERTIFICATE OF CONSULTATION re 74 Memorandum in Support of Motion, 73 MOTION for Leave to File third party complaint. (Harris, Mary Jo) (Entered: 10/12/2007)

Oct. 12, 2007 RECAP
76

NOTICE of Appearance by Nikki J. Fisher on behalf of Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers (Fisher, Nikki) (Entered: 10/17/2007)

Oct. 17, 2007 RECAP
77

Assented to MOTION to Substitute Party Edward Davis for Kathleen O'Toole as the Current Commissioner of the Boston Police Deparment by Walter R. Washington, William E. Bridgeforth, Shawn N. Harris, Eugene Wade, Georger C. Downing, Jr, Ronnie Jones, Clararise Bristow, Massachusetts Association of Minority Law Enforcement Officers, Richard Beckers. (Attachments: # 1 Text of Proposed Order Ex. A)(Fisher, Nikki) (Entered: 10/17/2007)

2 Text of Proposed Order Ex. A

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Oct. 17, 2007 RECAP

State / Territory: Massachusetts

Case Type(s):

Equal Employment

Key Dates

Filing Date: July 26, 2005

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Seven of the plaintiffs were former officers fired by Boston Police Department after testing positive for cocaine; one is a former cadet in the same situation; another continues to work as an officer after testing positive and undergoing rehabilitation as an alternative to termination; and the last is a former applicant to the department whose contingent job offer was revoked after a positive test.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Boston (Boston, Suffolk), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

42 U.S.C. § 1981

State law

Title VII (including PDA), 42 U.S.C. § 2000e

State Anti-Discrimination Law

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Impact

Pattern or Practice

Testing

Test or device

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Seniority

Testing

Discrimination-basis:

Race discrimination

Race:

Black