PEABODY, Mass. (AP) – A judge has upheld the firing of a Peabody firefighter who slept through an emergency call.

John “Jack” Brophy was fired in 2005 after missing an emergency call from a parent whose 6-month-old child was having breathing problems.

Brophy appealed and won his job back in March of this year. But Mayor Michael Bonfanti fired him again in May after Brophy refused to take a drug test and physical, both conditions of his reinstatement.

Superior Court Judge Richard Welch dismissed Brophy’s lawsuit against the city of Peabody on Wednesday and lifted an injunction preventing the city from disciplining Brophy.

City Solicitor John Christopher said the judge’s decision vindicated the city. Brophy, who has 30 days to appeal, says he’ll continue fighting the city.

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