Presby v. Commissioners of Bristol County

This matter arises under G. L. c. 126, § 18A,2 providing for assault pay for *903correction officers.3 The issues presented on appeal are (1) whether the plaintiff’s union waived his right to judicial relief (because the right to assault pay was incorporated into the governing collective bargaining agreement [CBA]4) and (2) whether the plaintiff’s injuries, plainly received while on duty, “resulted] from acts of violence of. . . prisoners in his custody.”

Shortly before noon on December 30, 2001, the plaintiff, Thomas Presby, a correction officer, was on the third level of the Ash Street…