Concussion cop gets new fight to show he’s fit
A Boston cop who traded blows with Kimbo Slice — and whose injuries from mixed martial arts fighting led the Boston Police Department to restrict him to desk duty — will get his day in court to prove he’s fit to patrol the city’s streets, the state’s highest court ruled yesterday.
Officer Sean “The Cannon” Gannon, 45, battled Slice in a 2004 internet video that went viral, giving him national attention, a brief MMA career of his own, and several concussions.
After BPD health evaluations in 2006 deemed him not fit for full duty, Gannon brought in his own doctors to testify to his fitness.
In 2012, Gannon sued BPD for discrimination against a handicapped person, arguing he was able to perform his full-time duties, but BPD attorneys said the department had concerns about his ability to react in crisis situations. Although a Superior Court judge agreed with BPD and prevented the case from moving forward, the Supreme Judicial Court reversed that decision yesterday.
Chief Justice Ralph Gants wrote that because both sides claimed evidence of Gannon’s ability to perform his duties, those claims need to be hashed out in court.
“(An employer) may not meet its burden based upon pure speculation as to the likely risk of injury. Nor is it sufficient to show simply an increased risk of injury,” Gants wrote. “The employer must offer evidence showing an increased risk of serious injury that is so significant that it cannot reasonably be deemed acceptable by an employer.”
Gannon’s attorney, Howard Lichten, agreed, saying: “Just because an employer thinks you can’t do a job, that’s not reason enough.”
In a statement, BPD spokesman Lt. Michael Mc- Carthy said, “The ruling by the SJC found that the Superior Court Judge made an error of law in evaluating the case. As such it has been remanded for trial because there is a factual dispute at issue. While we can’t discuss specifics about an ongoing case, the department is prepared to present evidence and testimony to support its position.” Lichten said Gannon will be seeking back pay for lost overtime and detail assignments he was unable to work while on desk duty.