Judge denies BPD commissioner’s appeal of injunction denial, paving way for his removal

BOSTON — Justice Vickie L. Henry has denied the appeal of Boston Police Commissioner Dennis White in his attempt to overturn the denial of his preliminary injunction by a Massachusetts Superior Court judge Thursday.

In doing so, Justice Henry has allowed the original ruling to stand, meaning that Acting Boston Mayor Kim Janey can remove White from his position as commissioner of the city’s police department.

Justice Henry agreed that, while White is entitled to a hearing before any firing is possible, that hearing does not need to be held before the Superior Court, but instead can be held by “the appointing authority,” which is Mayor Janey.

The judge also disagreed with Commissioner White’s claim that he was deprived of due process, citing the pre-removal hearing offered by Mayor Janey along with, “detailed written notice of the charges against him, an explanation of the City’s evidence [...] and offered an opportunity to present his side of the story.” Justice Henry also pointed to the mayor’s intention to hold White’s pre-removal hearing within 48 hours of the legal decision as another reason for the appeal’s denial.

“The City’s actions to date, offer to hold a hearing if a preliminary injunction does not issue, and assurance that a final decision has not yet been reached and will not be reached before the hearing, in combination, satisfy the requirements of the Removal Provision and the process due to the Commissioner,” Justice Henry wrote Thursday.

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Commissioner Dennis White came under fire just days after being sworn in as commissioner after allegations of past domestic abuse surfaced. A few weeks ago, Mayor Janey was poised to name his replacement but this legal challenge prevented it.

Mayor Janey issued the following statement on the decision Thursday afternoon:

I applaud the decision of Appeals Court Single Justice Vickie L. Henry. I will immediately move forward to schedule a hearing with Dennis White. It is time to move the Boston Police Department in a new direction toward our vision of safety, healing, and justice.
— Acting Boston Mayor Kim Janey

Commissioner White’s attorney, Nick Carter, issued a statement on behalf of White shortly after the decision was made Thursday:

Commissioner White respects the Court’s ruling. He now reaffirms his requests to Acting Mayor Janey in his letter to the City on May 25. He asks for a copy of the investigator’s file, including at minimum the identity of who is making these false allegations against him and what their source of information is. He asks for a copy of his and Sybil White’s internal affairs files. And he asks for a public hearing where he can present his evidence with witnesses that prove he is innocent, he did not commit domestic violence and there is no cause to remove him as Commissioner. He asks that the hearing take place at a mutually convenient time for all parties and that the Acting Mayor keep an open mind and allow him to present his case.
— Nick Carter, attorney for Commissioner Dennis White

Read Justice Henry’s full decision here:

This is a developing story. Check back for updates as more information becomes available.

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