OK, so I read the docs at the Comm2A site, the civil service document on the MassChiefs site (I'm guessing they'll be paying rapt attention to this case, likely via NES), and the Superior Court civil service filing from the state website. These are my thoughts in general as an amateur internet law student. I know that some of the questions I have may be best unanswered, I'm just thinking out loud here.
Two nitpicky things. One of the dates listed on the Comm2A site confused me.
http://www.comm2a.org/index.php?opt...ht-to-carry-discretionary-licensing&Itemid=38
05/26/90 - Answer to First Amended Complaint
The numbers were probably reversed, but I spent a few seconds wondering why it took 20 years to make it's way through the courts.
Secondly, #15 on First Amended Complaint calls the license a "Class A license to carry
concealed, large capacity firearms". Again, nitpicky, but this could create some problems with caselaw if it's assumed that open carry is prohibited in Mass. with a Class A. Unless of course this has to do with Boston's unusual restriction scheme that specifically prohibits concealed carry with a Class A, "no concealed target" or something along those lines (unlikely since ALP was mentioned specifically, they seemed to be identifying the particular type of license). Whatever the reason I think it should be made crystal clear, since there are few if any states in the US who have to deal with 352 licensing authorities issuing as many different "restrictions" as they see fit. Even though a "concealed carry license" may make sense to a judge who's never dipped his head into MGL, it could wreak havoc on the future interpretations of rulings made in this case in some areas of law.
The complaints given in to Civil Service Commission don't seem to rise at all to any level of dangerousness or threats of violence that would justify a suitability revocation of an LTC. In fact, her LTC was renewed without issue, and reading between the lines, it appears that it wasn't until she resigned a month later that her LTC was revoked, which is being called a nonrenewal...? I'd be interested to see if she was charged criminally for incorrect info on the LTC app, or if it was just some random reason they listed to justify yanking it. I'm also curious if it's the official or unofficial SOP to yank the LTC of anyone who quits BPD.
The later controversy over how forms were filled out with an open IA investigation could really go either way IMO. It'd be nice to see one to know exactly what was being asked. It also seems like there may have been some pressure placed somewhere re: settling or not settling the dispute. It's not even clear to me if the IA investigation is related to the Holbrook complaint, although it seems likely that it is.
It mentions that her gun & ammo were confiscated, but were they returned or released? Is that being disputed here or elsewhere? Like I said above I won't complain if this and other questions aren't answered, I'd probably have strong feelings on the subject if I were in her shoes.
I did some interesting reading
elsewhere, unrelated to this specific case, but what an eye opener.
All in all it seems like even by Mass. standards, her LTC was pulled for bogus reasons; it seems vindictive in nature. Personnel issues aside, you don't disarm the lady living in Dorchester who has recently had her home broken into by criminals, especially one who spent the past 10 years locking up violent criminals. Even the basic filing does a great job of making this situation seem like what it is, absurd.
The filing to watch is the one that will be filed in early february. This is what will have the meat of the argument and serve as the basis of the hearing. This will have lots of good stuff worth reading through. The city's response in early march will be against that February filing and should be of interest.
Those should prove interesting.
I somehow remember reading something about this here on NES. Wasn't the woman a minority?
Jesse Cohen defended a Brockton resident who worked for the MBTA and was an SPO in Boston who had her LTC revoked. It was later re-instated.