DeSimone v. Civil Service Commission

Concerning DeSimone’s appeal, it is sufficient to observe that his underlying action, a complaint for declaratory judgment, was defective for failure to join the very party, viz., the city of Boston, which would have had to answer to a judgment in DeSimone’s favor.

Before getting to the point of the case, it is necessary to recount the facts and prior proceedings in somewhat tedious detail. Beginning Sep*1178tember, 1972, DeSimone served as a social worker for the penal institutions department of the city of Boston, assigned to the Deer Island House of Correction. In 1977, an inmate attacked…