IMMUNITY - MASSACHUSETTS

Brown v. Office of Com'r of Probation

Supreme Judicial Court of Massachusetts, Suffolk - October 11, 2016 - N.E.3d - 2016 WL 5888408

Suit was brought against Commonwealth under anti-discrimination statute. The Superior Court Department, Suffolk County, Paul E. Troy, J., entered judgment for Commonwealth employee, and awarded compensatory and punitive damages, attorney fees, and costs, but denied employee’s subsequent motion for postjudgment interest on award of punitive damages, attorney fees, and costs.

Appeal was taken. The Appeals Court affirmed the denial of postjudgment interest. The Supreme Judicial Court allowed further appellate review.

The Supreme Judicial Court of Massachusetts held that as a matter of first impression, section of antidiscrimination statute providing for award of punitive damages and reasonable attorney’s fees and costs does not expressly or by necessary implication waive sovereign immunity from liability for postjudgment interest on such awards.



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