Brittle v. City of Boston

790 N.E.2d 208, 439 Mass. 580, 2003 Mass. LEXIS 449
CourtMassachusetts Supreme Judicial Court
DecidedJune 20, 2003
StatusPublished
Cited by16 cases

This text of 790 N.E.2d 208 (Brittle v. City of Boston) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brittle v. City of Boston, 790 N.E.2d 208, 439 Mass. 580, 2003 Mass. LEXIS 449 (Mass. 2003).

Opinions

Marshall, C.J.

On November 5, 1997, Wilbur Brittle, a suspended Boston police officer, pleaded guilty to a six-count Federal indictment, the culmination of a law enforcement investigation into his international heroin smuggling activities. Brittle now seeks back pay for the forty-month period preceding his plea of guilty during which he was suspended without [581]*581pay.1 No law requires that result. We affirm the judgment of the Superior Court denying Brittle all compensation lost during his suspension.

1. Background. We summarize the undisputed material facts, paying particular attention to those recited by the Federal prosecutor at Brittle’s plea colloquy.2 Beginning at least as early as 1992, Brittle, while serving as a Boston police officer, was an active participant in an international heroin smuggling ring, traveling to Asia to import heroin into the United States, recruiting other couriers and assisting in the planning of other smuggling trips. Láveme Cotton was the ring leader. In mid-1992, Brittle and Cotton had a falling-out: the two had “a physical confrontation,” and Cotton obtained a protective order against Brittle.3 See G. L. c. 209A. Brittle then took a “hiatus” from Cotton’s drug smuggling operation.

In May, 1994, Brittle resumed his illegal activities as a courier for Cotton, traveling to Asia to acquire large amounts of heroin.4 Shortly thereafter, Brittle and Cotton had another falling-out: Brittle “barreled his way” into Cotton’s house, the two had “a physical confrontation,” and Cotton obtained a second protective order against Brittle. The physical confrontation followed a “strong dispute” that commenced earlier in the day when Brittle delivered a suitcase of heroin to Cotton. Over the following days, Brittle made threatening telephone calls to Cotton, demanding payment for his most recent smuggling trip and threatening to inform the Dmg Enforcement Agency of Cotton’s [582]*582operation unless she paid him for the heroin delivery. In response, Cotton sought charges against Brittle and, on July 8, 1994, a grand jury indicted Brittle on two charges: stalking, G. L. c. 265, § 43, and threatening to commit an assault and battery, G. L. c. 275, § 2.* *5 Brittle was immediately suspended from his duties as a police officer; the police commissioner of Boston notified Brittle of his suspension on July 13, 1994.

While the Commonwealth’s indictments against Brittle were pending, Cotton and Brittle’s illegal drug activities were under investigation by Federal law enforcement officials. A Federal grand jury were convened, and on June 13, 1996, Brittle and thirteen others were indicted by the grand jury on numerous drug-related charges involving conspiracy, importation of heroin, and possession of heroin with intent to distribute. At the time of the 1996 Federal indictment, Brittle remained suspended from his duties as a Boston police officer, and the Commonwealth’s indictment against Brittle for threatening to commit an assault and battery on Cotton was still pending.6

On November 19, 1996, while the Federal case was proceeding toward trial, the Commonwealth sought and obtained an order of nolle prosequi of its pending indictments against Brittle. The assistant district attorney explained the reason for seeking the nolle prosequi: the State and Federal charges were “directly related,” Cotton was to be called as a witness in the Federal trial against Brittle, and if the State charge proceeded to trial as scheduled, Cotton would be required to testify about “the same issues.”7 At the time, Brittle did not ask the city to remove his [583]*583suspension, he did not claim that he was entitled to receive back pay or benefits, and he did not attempt to return to work.

On November 5, 1997, Brittle pleaded guilty in the United States District Court for the District of Massachusetts to all of the Federal charges. At Brittle’s plea colloquy, the assistant United States attorney recited Brittle’s activities in the Cotton drug-smuggling conspiracy, recited Cotton’s activities, and explicitly referred to the earlier State charges triggered by the falling out between Brittle and Cotton over the payment for heroin. Immediately after his change of plea, Brittle submitted his resignation to the Boston police department.

In April, 1998, Brittle filed this action, seeking compensation pursuant to G. L. c. 268A, § 25.* ****8 A judge in the Superior Court allowed the city’s motion for summary judgment, reasoning that, although G. L. c. 268A, § 25, did not explicitly address circumstances where, as here, multiple indictments had been brought against a suspended employee, it would be inconsistent with the statute’s underlying intent to award Brittle compensation. A divided panel of the Appeals Court reversed, concluding that this case was controlled by our decision in Madden v. Secretary of Pub. Safety, 412 Mass. 1010 (1992). Brittle v. Boston, 54 Mass. App. Ct. 820 (2002). It awarded Brittle back pay from the date that he was suspended, July 13, 1994, to the date that he was indicted on the Federal charges, [584]*584June 13, 1996.9 We granted the city’s application for further appellate review.

2. Discussion. Brittle contends that he is entitled to back pay for the entire period of his suspension because the State indictments, which initially triggered his suspension, terminated “without a finding or verdict of guilty.” G. L. c. 268A, § 25. Although Brittle did plead guilty to the Federal indictments, he asserts that those indictments are “not relevant” to whether he is entitled to lost compensation while he was suspended. The relief he seeks is neither compelled by the language of G. L. c. 268A, § 25, nor consistent with the statute’s purpose.

General Laws c. 268A, § 25, provides in pertinent part: “If the criminal proceedings against the [suspended employee] are terminated without a finding or verdict of guilty on any of the charges on which he was indicted, his suspension shall be forthwith removed, and he shall receive all compensation or salary due him for the period of his suspension . . . .” By its express terms, the statute contemplates that payment for a period of suspension shall occur if, and only when, the employee is entitled to removal of his suspension. The suspended employee, of course, is entitled to removal of his suspension, only when the “criminal proceedings” against him terminate “without a finding or verdict of guilty on any of the charges on which he was indicted” (emphasis added). Brittle was under indictment throughout the entire forty-month period of his suspension before he resigned. He was never eligible to perform any public duties during that time; he was not entitled to “remov[al]” of his suspension, and he most assuredly was not entitled to reinstatement during that forty-month period.10 “Criminal proceedings” against him did not terminate until he pleaded [585]*585guilty to the Federal indictments on November 5, 1997, and those proceedings terminated in a “finding or verdict of guilty.” G. L. c. 268A, § 25.

Brittle in effect asks us to construe the phrase “criminal proceedings” narrowly to encompass only the State court proceedings. There is no reason to do so.

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Bluebook (online)
790 N.E.2d 208, 439 Mass. 580, 2003 Mass. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brittle-v-city-of-boston-mass-2003.