Commonwealth v. Gernrich
476 Mass. 249
| Mass. | 2017Background
- In May 2014 Brian E. Gernrich, an inmate at Worcester County house of correction, called the facility PREA hotline and alleged a correction officer had touched his penis during a cell inspection.
- The PREA report was forwarded to Captain Anderson and then to Deputy Sheriff Eric Scott, a PREA-certified investigator, who conducted an investigation including interviews and review of surveillance video.
- Deputy Scott concluded the allegation was unfounded and the matter was referred to the district attorney; Gernrich was charged under G. L. c. 269, § 13A for making a false report "to police officers."
- At a jury-waived trial in District Court the judge rejected Gernrich’s contention that a deputy sheriff is not a "police officer" under § 13A and found him guilty.
- The Supreme Judicial Court granted direct appellate review to decide whether "police officers" in § 13A includes deputy sheriffs and reversed, holding deputy sheriffs are not "police officers" for § 13A purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a deputy sheriff is a "police officer" under G. L. c. 269, § 13A | Commonwealth: deputy sheriffs have law enforcement powers (including arrests and investigations) and therefore fall within "police officers" | Gernrich: deputy sheriffs lack the full, broad police authority (as in G. L. c. 41, § 98) that § 13A targets | A deputy sheriff is not a "police officer" under § 13A; statute covers officers with full § 98 police powers |
Key Cases Cited
- Boston Police Patrolmen's Ass'n v. Boston, 435 Mass. 718 (review standard for statutory interpretation)
- Lowery v. Klemm, 446 Mass. 572 (statutory interpretation principles)
- Meikle v. Nurse, 474 Mass. 207 (plain meaning rule)
- Commonwealth v. St. Louis, 473 Mass. 350 (use of extrinsic sources for undefined statutory terms)
- Commonwealth v. Wynton W., 459 Mass. 745 (turn to legislative history and other statutes)
- Commonwealth v. Deberry, 441 Mass. 211 (same)
- Commonwealth v. Gorman, 288 Mass. 294 (constables' powers at common law)
- Commonwealth v. Grise, 398 Mass. 247 (police warrantless arrest powers for misdemeanors/breaches of the peace)
- Commonwealth v. Claiborne, 423 Mass. 275 (police common-law power to arrest for felonies without warrant)
- Commonwealth v. Howe, 405 Mass. 332 (deputy sheriffs as peace officers with limited arrest authority)
- Commonwealth v. Baez, 42 Mass. App. Ct. 565 (statutory sources of deputy sheriff arrest authority)
- Sheriff of Middlesex County v. Int'l Bhd. of Correctional Officers, 62 Mass. App. Ct. 830 (cases noting deputies' arrest authority in certain contexts)
- Hollum v. Contributory Retirement Appeal Bd., 53 Mass. App. Ct. 220 (deputy sheriffs performing formal law enforcement functions at jails)
- Chin v. Merriot, 470 Mass. 527 (courts will not read unexpressed provisions into statutes)
- Commonwealth v. Hamilton, 459 Mass. 422 (rule of lenity in ambiguous criminal statutes)
- Commonwealth v. Donovan, 395 Mass. 20 (criminal statutes construed strictly against Commonwealth)