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News and Updates>
Correctional Officer Prevails at Appeal Court
Protection From Improper Questioning of Off-Duty Conduct
May 28, 2006 --
The Massachsuetts Appeal Court once again steps into the ongoing
litigation and supports the right of Essex County correctional officers
from being questioned, under threat of discipline, about their lawful
off-duty conduct. After obtaining injunctive relief against the Essex
County Sheriff's Department from forcing a correctional officer to answer
questions about his lawful off-duty conduct, the Appeals Court upholds the
trial court's Order that protects the secrecy of the affidavit submitted
by the Union to support the Union's claim that the nature of the
correctional officer's off-duty conduct was privileged from disclosure.
The Appeals Court held that requiring disclosure of the secret affidavit,
reviewed by the trial court "in camera" (just for the judge's eyes) would
have undercut the very relief that the Union had obtained with the
injunction.
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