Public employee, due process, substantive rights.

Francis Bielawski, an officer with the Dedham Police Department, sues the town's personnel administrator for violating his right to due process. Bielawski had been passed over for promotion on five occasions, even thought he had scored higher on promotional exams than those individuals who were promoted.. In an amended complaint, Bielawski said he was denied property rights and due process.

The Civil Service Commission reviewed the matter and ruled for Bielawski's. He was placed at the top of the promotional list and eventually was promoted to sergeant. Bielawski then sued for damages asserting that the town's personnel administrator had denied him property without due process of law. The superior court ruled that it lacked the jurisdiction to review the commission's decision. The matter was taken before the appeals court, and then transferred to the supreme judicial court.

Bielawski loses. The Massachusetts Supreme Court affirmed the judgment of the superior court.