Curtis v. City of Fitchburg

Plaintiff, Phillip J. Curtis (“Curtis”), has brought the present action against the City of Fitchburg (“the City”) because of the City’s failure to reinstate Curtis to the Fitchburg Fire Department. Curtis now moves for partial summary judgment on the ground that, after a regional medical panel determined he was no longer disabled, the City failed to reinstate him as a firefighter in violation of G.L.c. 32, §8, as amended in 1996.1 The City opposes the motion and files its own cross-motion for summary judgment claiming that (1) G.L.c. 32, §8 is unconstitutional if the Court finds that it…