Gaughan v. Boston Police Department

Both parties move for summary judgment pursuant to Rule 56 of the Massachusetts Rules of Civil Procedure. The parties assert, and this Court agrees, that the issue presented by these cross mo*51tions requires an interpretation of newly-amended language in G.L.c. 32, §8, the public employee disability retirement statute. For the reasons set forth herein, after a hearing on December 1,1997, plaintiffs Motion for Summary Judgment is ALLOWED. The defendant’s Cross Motion for Summary Judgment is DENIED.

I.BACKGROUND

What follows are the undisputed facts. The plaintiff, William B. Gaughan (“Gaughan”),…