Should 'The Cannon' Carry? SJC Reinstates Boston Officer's Case Against Department

BOSTON, MA --The state's highest court has put Boston Police Officer and former mixed martial arts fighter Sean "The Cannon" Gannon -- back in his legal fight by overturning a lower court's decision that too many kicks to the head have caused so much cognitive damage Gannon has been relegated to desk duty.

Gannon, a Boston police officer since 1996, has been restricted to being a booking officer because police officials say his cognitive abilities have been negatively affected by concussions he received during his mixed martial arts fighting career, according to court documents.

As a result of the restriction, Gannon can't carry a gun and he has lost out on overtime and private detail pay.

The city claims that medical tests showed Gannon had negative cognitive results, such as slow responses and memory issues. City lawyers argue that public safety could be at risk if Gannon was put back on the street armed with a gun.

Gannon, however, insists he can fully perform all the tasks of his job as a police officer and has been cleared for duty by numerous doctors.

A Superior Court judge agreed with the city and allowed a motion for summary judgement, essentially dismissing Gannon's discrimination lawsuit.

But in the state Supreme Judicial Court's decision on Tuesday, Chief Justice Ralph Gants wrote that "because there remains a factual dispute as to whether Gannon can capably perform the essential duties of a full-time police officer, the (Boston Police) department's motion for summary judgment should have been denied.''

Gants ordered the case sent back to Suffolk Superior Court for trial.

"At trial, the fact finder must determine, not whether the department acted on a good faith belief that Gannon cannot capably perform these duties because of his handicap, but whether Gannon has proved by a preponderance of the evidence that he can do so,'' Gants wrote.

Gannon gained notoriety on the Internet due to a widely distributed video of Gannon defeating Kevin "Kimbo Slice'' in an unsanctioned bare-knuckle street fight. The incident also caught the attention of the Ultimate Fighting Championship, which promoted a fight between Gannon and professional mixed martial arts fighter Branden Lee Hinkle. Gannon lost to Hinkle by TKO in the first round. Gannon has not fought since losing to Hinkle in 2005.

Courtesy photo of Sean "The Cannon'' Gannon during his days of mixed martial arts fighting.