Cournoyer v. Dep't of State Police

99 N.E.3d 802, 93 Mass. App. Ct. 90
CourtMassachusetts Appeals Court
DecidedApril 2, 2018
DocketNo. 17–P–579
StatusPublished
Cited by3 cases

This text of 99 N.E.3d 802 (Cournoyer v. Dep't of State Police) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cournoyer v. Dep't of State Police, 99 N.E.3d 802, 93 Mass. App. Ct. 90 (Mass. Ct. App. 2018).

Opinion

DITKOFF, J.

*804*90The plaintiff, Arthur Cournoyer, appeals from a Superior Court judgment dismissing his claims for declaratory judgment and specific performance against the defendants. The plaintiff argues that the Department of State Police (department) is required by G. L. c. 22C, § 24A, to develop individualized training programs for former State police troopers seeking reinstatement, rather than require them to complete recruit training at the State police academy (academy). Concluding that the statute is unambiguous and that the department may require former troopers separated for more than three years to complete recruit training, we affirm, ordering that the judgment be modified to declare the rights of the parties.

1. Standard of review. We review a ruling on a motion to dismiss de novo, *91Rodriguez v. Massachusetts Bay Transp. Authy., 92 Mass. App. Ct. 26, 28, 80 N.E.3d 365 (2017), taking the complaint's allegations as true, as well all reasonable inferences drawn in the plaintiff's favor, Saliba v. Worcester, 92 Mass. App. Ct. 408, 412, 87 N.E.3d 100 (2017). To survive a motion to dismiss, the plaintiff must present factual allegations that rise above the level of speculation, Iannacchino v. Ford Motor Co., 451 Mass. 623, 636, 888 N.E.2d 879 (2008), and plausibly suggest an entitlement to relief, Flagg v. AliMed, Inc., 466 Mass. 23, 26, 992 N.E.2d 354 (2013).

2. Background. The plaintiff was a State police trooper from 1992 until 2000.2 While so employed, the plaintiff received positive performance evaluations, and he completed all required in-service training in addition to numerous programs, certifications, and service in specialized areas of law enforcement. In 1998, however, the plaintiff suffered a severe injury while on duty, requiring medical leave and ultimately causing his involuntary retirement in 2000. Following several operations and physical rehabilitation, the plaintiff was able to obtain employment, working for the Worcester County sheriff's department and obtaining a private investigator's license.

In 2013, the plaintiff learned of the possibility of reinstatement as a State police trooper following involuntary retirement and applied to the Public Employee Retirement Administration Commission (PERAC) seeking to return to active status. After a panel of medical doctors determined that the plaintiff was medically fit to perform the essential duties of a State trooper, PERAC approved the plaintiff's application.

After completing qualifying physical fitness and agility tests, the plaintiff enrolled in the first available recruit training program at the academy in October, 2015. Recruit training is similar to a military "boot camp," and involves activities designed to, among other things, inculcate recruits with a proper respect for the chain of command. The plaintiff was the only former State trooper enrolled at that time. The plaintiff was approximately fifty-eight years old; the recruits were younger than thirty-five years old when they applied to take the State trooper competitive examination. See G. L. c. 22C, § 10.

Once there, the plaintiff was subjected to what he described as "hazing" by the drill instructors, such as being yelled at for "eyeballing"

*92a drill instructor, being required to chant while holding a tray of food, and being required to eat and stop eating when directed. On the first day, he *805met with the academy's commanders and expressed his belief that recruit training was inappropriate for an experienced former trooper with his qualifications. The commanders, while expressing sympathy, advised him that the program was a mandatory prerequisite to reinstatement. The plaintiff promptly departed the academy and thereby failed to complete the required training. Nonetheless, he refused to tender his resignation and maintained that he was entitled to reinstatement through completion of individualized in-service training.

The plaintiff filed a complaint in Superior Court requesting declaratory judgment and specific performance, essentially to require his reinstatement upon the completion of refresher training. A Superior Court judge dismissed his complaint under Mass.R.Civ.P. 12(b)(6), 365 Mass. 754 (1974), for failure to state a claim upon which relief could be granted.

3. Discussion. "In interpreting the meaning of a statute, we look first to the plain statutory language. 'Where the language of a statute is clear and unambiguous, it is conclusive as to legislative intent,' " Worcester v. College Hill Properties, LLC, 465 Mass. 134, 138, 987 N.E.2d 1236 (2013), quoting from Martha's Vineyard Land Bank Commn. v. Assessors of W. Tisbury, 62 Mass. App. Ct. 25, 27, 814 N.E.2d 1147 (2004), which it is our primary duty to effectuate. Malloch v. Hanover, 472 Mass. 783, 788, 37 N.E.3d 1027 (2015). Accordingly, where the statutory language is clear, its plain meaning should be applied "unless to do so would achieve an illogical result." Sullivan v. Brookline

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Bluebook (online)
99 N.E.3d 802, 93 Mass. App. Ct. 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cournoyer-v-dept-of-state-police-massappct-2018.