Burke v. Chief of Police of Newton

With one exception, this case presents issues identical to those considered and decided this day in Doris v. Police Comm’r of Boston, ante 443 (1978). As in Doris, this case is before us on a reservation and report without decision by a judge of the Superior Court to the Appeals Court, which we transferred here sua sponte. The parties agreed in writing to all material facts. See Mass. R. Civ. P. 64, 365 Mass. 831 (1974), and G. L. c. 231, § 111.

The plaintiff is a member of the Newton police department. His complaint recited that the defendant police chief of Newton had informed all police…