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Former Transit Police sergeant wants back pay for the time he was suspended for a criminal charge that was eventually dropped

Updated to correct his status: He was fired following a disciplinary hearing last July.

A Transit Police sergeant once criminally charged with rewriting an official report to help another T cop cover up the way he allegedly beat a homeless man sued the MBTA this week for the more than $100,000 in salary he wasn't paid while suspended for more than a year before the charge was dropped.

Kenny Orcel was indicted in March, 2019 on a charge of making a false report as a public officer or employee following the alleged beating incident at the Ashmont T station the year before.

But the Suffolk County District Attorney's office dropped the charge last April, because some of its evidence included statements Orcel allegedly made to investigators that were not admissible in court. After a disciplinary hearing in July, however, Transit Police dismissed Orcel from the force.

In his suit, filed this week in Suffolk Superior Court, Orcel's attorney writes that because the case was dropped, and Orcel reinstated as a sergeant, the T should pay him the $101,388 he otherwise would have earned during his time on suspension - and triple damages and attorney's fees as allowed for non-payment of wages under state law. The complaint alleges that when Orcel asked for reimbursement for the months he was on suspension, the T basically said: Sue us.

Orcel joined Transit Police in 2008, after 22 years in the Army. He was promoted to sergeant in 2017.

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PDF icon Complete Orcel complaint202.2 KB

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Comments

Only in the bizarre world known as the MBTA will taxpayers pay for huge settlements to the cops and victims of the cops.

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10

otherwise poor Officer Kenny would have been fired for his role in the beating coverup. Acquitted does not mean innocent. The frightening thing is what some of these guys will do when they think no one is watching.

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19

Guy does a Very Bad Thing at work.

Guy is suspended without pay for the VBT he did at work, pending an investigation.

Guy is found to have done the VBT at work, and is fired.

Guy says he should have been paid while he was on unpaid leave.

Guy will probably get paid, because reasons.

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17

NO.

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12

Does anyone know if the victim can still sue this useless cop in civil court?

Everyone out there needs to realize those "Thin Blue Line" stickers, signs, and shirts you see are EXPLICITLY supporting this behavior (and worse).

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19

To deny him this money, even if costs 10 times more than hes asking for , it's the right thing to do.
What a nerve.

If it sets a precedent, even better.

Once they have enough to fire him, they fire him. But up to that point he is probably entitled to be paid legally. Why did they wait so long to fire him? He’s not suing for his job back so they must have cause to fire him, wouldn’t they have that cause early on in the investigation?