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FOR IMMEDIATE RELEASE:
April 23, 2004

CONTACT: Steve Tompkins
(617) 989-6650
cell: (617) 828-5134


COURT DISMISSES UNION SUIT AGAINST SHERIFF CABRAL - Found Plaintiffs Had No Standing


A lawsuit filed by the Suffolk County Jail Officers and Employees Association (JOEASC) and an employee of the Department against Sheriff Andrea J. Cabral was dismissed with prejudice by Superior Court Justice Janet L. Sanders because the plaintiffs lacked standing to bring the suit. The dismissal with prejudice means that the plaintiffs cannot refile the suit.

The plaintiffs sued the Sheriff because of a delay in payment to the City of Boston Pension Fund. The Sheriff argued for a dismissal on the grounds that neither JOEASC nor the employee had legal standing. The court agreed.

“I am pleased with the decision of the court. No employee pensions were compromised by my action, nor was any misuse of pension funds or any complaint of wrongdoing ever alleged by the Retirement Board,” the Sheriff said.

Because of a budget shortfall, some vendor bills, including payments to the pension fund, were delayed in fiscal year 2003. The bills, including all back payments of the pension fund, were paid this fiscal year. By delaying the payment of the bills, the Department was able to avoid personnel layoffs.


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