Legal Opinion

Furtado v. Town of Plymouth

Massachusetts Appeals Court

Decided June 11, 2007No. 06-P-892PublishedCited by 1 opinion

1Opinion of the CourtDoerfer, J.

The plaintiff, Kevin J. Furtado, claims that his rights under G. L. c. 149, § 19B(2), were infringed when the town of Plymouth (town) police department (as his employer) ordered him to submit to a lie detector test in the course of an investigation to determine if he should be disciplined or terminated. His alleged misconduct would have amounted to a crime, if true. The relevant part of the statute reads:

“It shall be unlawful for any employer or his agent, with respect to any of his employees ... to subject such person to, or request such person to take a he detector test *320within or without…

2Cases cited13 opinions

  1. National Treasury Employees Union v. Von RaabSupreme Court of the United States · 1989
  2. Carney v. City of SpringfieldMassachusetts Supreme Judicial Court · 1988
  3. Broderick v. Police Commissioner of BostonMassachusetts Supreme Judicial Court · 1975
  4. O'CONNOR v. Police Commissioner of BostonMassachusetts Supreme Judicial Court · 1990
  5. Local 346, International Brotherhood of Police Officers v. Labor Relations CommissionMassachusetts Supreme Judicial Court · 1984

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3Cited by1 opinion

  1. Furtado v. Town of PlymouthMassachusetts Supreme Judicial Court · 2008

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