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UPDATE: NP and NEPBA file lawsuit vs. POST Commission – seek injunction relating to Questionnaire process

On behalf of the Worcester Police Patrol Officers Union, the NEPBA and its Massachusetts membership, Attorneys Peter Perroni and Gary Nolan filed a lawsuit against the POST Commission, seeking to enjoin the controversial POST questionnaire process. Our case was filed in the Worcester Superior Court, and a hearing on our motion for preliminary injunction was scheduled for 10am today (5/27). At a little after 9:00am, however, the court cancelled the hearing. The explanation is below.

Around 4:30pm yesterday, the Massachusetts Attorney General’s office (representing POST) filed an emergency Motion to Stay our case in Worcester, and simultaneously filed a Motion in Suffolk County (where another case v. POST is pending) requesting that both cases be joined and moved to Suffolk. Today we received notice that the court temporarily postponed this morning’s hearing and issued the following short briefing schedule:

  • 6/03/22 – NEPBA to file its opposition to POST’s motion to stay;
  • 6/10/22 – POST to file its opposition to NEPBA’s motion for injunction;
  • 6/17/22 – New hearing date on plaintiff’s motion for injunction.

We will continue to provide updates on this important litigation spearheaded by NEPBA, Inc., NEPBA Local 911 and its president. To read our submissions and legal arguments, click below.

1. NEPBA’s Motion for Injunction (legal arguments)

2. NEPBA’s Complaint (lawsuit v POST).

Source: Legal
UPDATE: NP and NEPBA file lawsuit vs. POST Commission – seek injunction relating to Questionnaire process

LAWSUIT UPDATE: NEPBA LEADING THE WAY IN MASSACHUSETTS WITH ITS FIGHT AGAINST THE POST COMMISSION.

The New England PBA in conjunction with our stellar law firm of Nolan | Perroni, P. C. filed an injunction and lawsuit against the MASSACHUSETTS POST COMMISSION earlier this week in Worcester Superior Court.
Attached below is our Memorandum of Law filed in support of our motion for injunctive relief.  This was filed with the Court yesterday, and today we received notice allowing our motion for a short order of notice.  The court has granted us a hearing on our injunction to be held in Worcester Superior Court on Friday, May 27th at 10am.
Please take the time to read the motion, which contains our detailed arguments as to why the POST actions are unlawful, why our injunction should be granted.
Executive Director Jerry Flynn stated, “The NEPBA Leadership has not only received dozens of calls of support and gratification from our own members, but from other labor organization in support, including many police chiefs, the Massachusetts Police Association (MPA) and the Massachusetts Fraternal Order of Police (FOP).”
NEPBA President Chris Ryan called the action taken in a conference call, “Our organization is one of inclusiveness and we are determined to ensure our members and ALL members of the Massachusetts Law Enforcement Community are treated with dignity and respect.” He further stated, “The Commonwealth of Massachusetts is NOT MINNEAPOLIS, MINNESOTA and we shouldn’t be treated as such.”
President Ryan ended his comments with what we all believe, “Our legal staff has done a tremendous job in addressing our concerns and we are proud of their work product. We believe we have a strong case as a result of Atty. Gary Nolan & Atty. Peter Perroni’s hard work.”

Jerry Flynn, Executive Director