‘Superman’ rule declined

By Andrew Firestone

The Massachusetts Supreme Judicial Court issued a ruling in favor of an off-duty Somerville police officer on November 18, ruling that a police officer does not have to change into civilian clothes when off duty.

The ruling came after an incident in 2006 when Robert Kelleher of the SPD took the keys from a suspected drunk driver, Joseph Limone, while in Woburn and off-duty, but still in uniform. Kelleher had been rear-ended by the DUI operator and smelled alcohol on the man’s breath while exchanging papers.

Limone, who now has seven DUI convictions, won his case in Massachusetts Appeals Court in 2010, but the decision has now been overturned by the higher court.

The MAC and SJC were at odds in the issue as to whether or not Limone had been legally arrested by Kelleher, who took his keys and ordered him to stay in his car until a Woburn officer arrived, saw him fail a sobriety test, and arrested him.

The SJC decided that Kelleher had acted merely as a concerned citizen ensuring safety for the public and was within his right, police officer or no.

“We decline… to create a ‘Superman’ rule of law that would require out-of-jurisdiction, off-duty police officers to change into civilian clothing before interacting with private citizens following traffic accidents,’’ Justice Francis X. Spina wrote for the unanimous court.