Brown v. Office of the Commissioner of Probation
Brown v. Office of the Commissioner of Probation
Opinion of the Court
This case presents the novel issue of whether a plaintiff who recovers punitive damages as part of a judgment under the provisions of G. L. c. 151B, § 9, against a subdivision of the Commonwealth may be awarded postjudgment interest on that award and on the award of attorney’s fees and costs, or whether sovereign immunity bars such interest.
In Todino v. Wellfleet, 448 Mass. 234, 238 (2007) (Todino), the court generally observed that “[m]unicipal liability implicates the doctrine of sovereign immunity, which protects the public treasury from unanticipated money judgments. Sovereign immunity prohibits liability against the Commonwealth [and] ... its instrumentalities . . . except with [the Commonwealth’s] consent, and, when that consent is granted . . . only in the manner and to the extent expressed . . . [by] statute” (citation and quotation omitted). The court also noted that “[t]he rules of construction governing statutory waivers of sovereign immunity are stringent.” Ibid, (quotation omitted). However, it allowed that “even a strict interpretation must be reasonable, and our focus remains on the intent of the Legislature. If sovereign immunity is not waived expressly by statute, we consider whether governmental liability is necessary to effectuate the legislative purpose.” Ibid, (citations omitted). See DeRoche v. Massachusetts Commn. Against Discrimination, 447 Mass. 1,12-13 (2006) (DeRoche). Thus, the issue presented in this case reduces to whether sovereign immunity has been waived by necessary implication in regard to postjudgment interest on punitive damages, costs, and attorney’s fees in an award against the Commonwealth or its entities under c. 15IB.
The plaintiff relies on DeRoche, supra at 3, where the Supreme
First, because the Commonwealth is explicitly included as a “person” or “employer” subject to suit under c. 15IB, and because the MCAD has the power to impose prejudgment interest on private employers in the c. 15 IB context, the “inevitable conclusion” is that the Legislature must have intended for the Commonwealth to also be subject to interest. Id. at 13.
Second, the court reasoned, c. 151B, § 5 (regarding proceedings before the MCAD and the MCAD’s powers), gives the MCAD broad discretion to order a full range of remedies to eradicate discrimination, therefore also supporting the conclusion that the Legislature intended to allow the MCAD to impose interest on awards entered against the Commonwealth. Id. at 13-14. The court affirmed the judgment of the Superior Court allowing prejudgment and postjudgment interest to be assessed against the Commonwealth. See ibid. The plaintiff here avers, relying on the same reasoning as in DeRoche, that because c. 151B explicitly puts the Commonwealth in the same class as private employers, remedies that can be imposed against a private employer can be imposed against the Commonwealth. The plaintiff contends that it is a logical extension of the reasoning in DeRoche to conclude that, because private employers are subject to postjudgment interest on those types of awards, so must the Commonwealth, by necessary implication of legislative intent.
However, there are three limitations to the reach of DeRoche,
Furthermore, while there is a logical thread in our cases discerning a legislative intent, either expressed or implied, to permit interest on compensatory awards so that employees do not suffer a loss in value, due to the passage of time, of their earnings awarded as damages, there is reason to interpret the case law to limit such interest to compensatory awards only. Compare, e.g., Perkins Sch. for the Blind v. Rate Setting Commn., 383 Mass. 825, 835 (1981) (“Interest is awarded by law so that a person wrongfully deprived of the use of money should be made whole for [her] loss”); Todino, 448 Mass, at 239 (discussing interest on award under provisions of G. L. c. 41, § 11 IF, court stated that “considering the time value of the dollar, the only way in which a[n] . . . award will retain its stated worth is by adding interest in
Indeed, the court in DeRoche reiterated that it had drawn a line and denied interest for awards of front pay:
“We also have spoken clearly on the issue of the interest on front pay awards in discrimination cases. In Conway v. Electro Switch Corp., [402 Mass. 385, 390 (1988)], we stated that there was ‘no justification for adding interest to damages which, by definition, are for losses to be incurred in the future.’ We decline to revisit this issue. While the plaintiff is entitled to prejudgment interest on the back pay damage award, he is not entitled to prejudgment interest on the front pay award.”
DeRoche, 447 Mass, at 15. Similarly, we conclude that such intent can be discerned with respect to punitive damages, since their purpose is not to compensate for lost pay, but rather to penalize for wrongdoing.
While not on all fours, we find support in Gurley v. Commonwealth, 363 Mass. 595, 599-600 (1973), in which the court failed to discern by necessary implication a waiver of sovereign immunity for interest on awards for victims of violent crimes under the provisions of G. L. c. 258A in effect at the time.
Judgment after rescript affirmed.
On February 9, 2011, judgment on the jury verdict in favor of the plaintiff entered for $6,000 in compensatory damages and $500,000 in punitive damages, which was later reduced by an order of partial remittitur, reducing the punitive award to $108,000 (affirmed after a report to this court, see Brown v. Office of
In Salvi v. Suffolk County Sheriff’s Dept., 67 Mass. App. Ct. 596, 608 (2006), this court cited DeRoche, supra, for the proposition that “[i]t is now settled law that sovereign immunity is no bar to the liability of a public sector employer for prejudgment interest on damages in a G. L. c. 15 IB discrimination case.” See Trustees of Health & Hosps. of Boston, Inc. v. Massachusetts Commn. Against Discrimination, 65 Mass. App. Ct. 329, 338 (2005), S.C., 449 Mass. 675 (2007) (concluding that Commonwealth is subject to prejudgment interest because Commonwealth and its subdivisions are listed under statutory definition of persons and employers subject to c. 151B, and because prejudgment interest is remedy authorized under c. 151B).
Private employers are subject to postjudgment interest on punitive damages and attorney’s fees in c. 151B cases. See Nardone v. Patrick Motor Sales, Inc., 46 Mass. App. Ct. 452, 453-454 (1999). In Bain v. Springfield, 424 Mass. 758, 762-763 (1997), the court held that the Commonwealth is subject to punitive damages under c. 15IB, reasoning that because the Legislature explicitly
“The [MCAD] has presented no independent argument as to why, if sovereign immunity has been waived in connection with prejudgment interest, that part of the judgment allowing postjudgment interest should not be affirmed. What has been said with respect to sovereign immunity thus applies to both prejudgment and postjudgment interest, for purposes of this opinion.” DeRoche, supra at 19 n.19.
See St. 2003, c. 26, § 438.
General Laws c. 258A was repealed and replaced by G. L. c. 258C in 1993. See St. 1993, c. 478, §§ 3, 6; Todino, 448 Mass, at 241 n.9.
Dissenting Opinion
(dissenting). In my view, the present case warrants a straightforward application of the rationale and conclusion of the Supreme Judicial Court in DeRoche v. Massachusetts Commn. Against Discrimination, 447 Mass. 1, 14 (2006). In that case, as the majority acknowledges, the Supreme Judicial Court concluded that the waiver of sovereign immunity effected by the inclusion of political subdivisions of the Commonwealth within the statutory definitions of persons and employers set forth in G. L. c. 151B, § 1(1) and (5), means that public employers are subject to prejudgment interest on any award of compensatory damages. By resting its conclusion on the statutory definitions of persons and employers, the court’s rationale essentially placed the Commonwealth (and its political subdivisions) on the same footing as a private employer. Ibid.
The purpose of postjudgment interest is to preserve the value of a damage award until the time it is paid. It is settled that postjudgment interest will be imposed on awards of punitive damages against a private employer.
For that reason, the majority’s attempt to distinguish actual and punitive damages based on a contrast between the compensatory nature of the former and the punitive nature of the latter is inapt.
As the majority also acknowledges, the court in DeRoche, supra at 19 n.19, also affirmed the assessment of postjudgment interest on the damage award in that case. Though the question of postjudgment interest (as distinct from prejudgment interest) appears not to have been contested in DeRoche, the distinction is without a difference in terms of the rationale on which the court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.