Legal Opinion

Durkin v. Boston Retirement Board

Massachusetts Appeals Court

Decided January 18, 2013No. 12-P-741PublishedCited by 5 opinions

1Opinion of the CourtKantrowitz, J.

In this pension forfeiture matter, we hold that the criminal actions of Paul J. Durkin were directly linked to his position as a police officer. As such, we affirm the decision of a judge of the District Court that determined that the Boston retirement board (board) correctly decided that Durkin’s pension was forfeited.

Facts. Durkin was a Boston police officer. On June 21, 2006, after finishing his afternoon shift, he went to an evening cookout at the Dorchester Yacht Club. He attended the cookout in civilian clothes and carried his department-issued firearm in his off-duty holster on his…

2Cases cited6 opinions

  1. Doherty v. Retirement Board of MedfordMassachusetts Supreme Judicial Court · 1997
  2. State Board of Retirement v. BulgerMassachusetts Supreme Judicial Court · 2006
  3. Police Commissioner v. Civil Service CommissionMassachusetts Appeals Court · 1986
  4. Town of Falmouth v. Civil Service CommissionMassachusetts Appeals Court · 2004
  5. Attorney General v. McHattonMassachusetts Supreme Judicial Court · 1999

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Garney v. Massachusetts Teachers' Retirement SystemMassachusetts Supreme Judicial Court · 2014
  2. State Board of Retirement v. FinneranMassachusetts Supreme Judicial Court · 2017
  3. Essex Regional Retirement Board v. Swallow State Board of Retirement v. O'HareMassachusetts Supreme Judicial Court · 2019
  4. State Board of Retirement v. O'HareMassachusetts Appeals Court · 2017
  5. Essex Regional Retirement Board v. Justices of the Salem Division of the District Court Dept.Massachusetts Appeals Court · 2017

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