Puorro v. Commonwealth

The plaintiff was discharged from his position as a deputy sheriff of Middlesex County on August 12, 1997. He thereafter commenced an action for declaratory judgment alleging that the discharge took place without providing him certain procedural protections to which he was entitled under G. L. c. 35, § 51, and praying for reinstatement and accrued compensation and benefits. The defendants’ motion to dismiss for lack of jurisdiction over the subject matter, see Mass.R. Civ.P 12(b)(1), 365 Mass. 754 (1974), was denied. On cross motions for summary judgment, a judge of the Superior Court allowed…