Brown v. Office of Commissioner of Probation

28 Mass. L. Rptr. 549
CourtMassachusetts Superior Court
DecidedJuly 5, 2011
DocketNo. 0703552A
StatusPublished

This text of 28 Mass. L. Rptr. 549 (Brown v. Office of Commissioner of Probation) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Office of Commissioner of Probation, 28 Mass. L. Rptr. 549 (Mass. Ct. App. 2011).

Opinion

Troy, Paul E., J.

Plaintiffs Helen Brown (“Brown”) and Crystal Young (“Young”), sued the defendant Office of the Commissioner of Probation (“Probation”) for gender discrimination and retaliation pursuant to G.L.c. 151B, §4. Following trial, the jury determined that Probation had not violated Young’s rights under the statute and found for Probation on all of her claims. The jury also found for Probation on Brown’s discrimination claim. It did, however, find in favor of Brown on the retaliation count, awarding her $6,000 in compensatory damages and $500,000 in punitive damages. Probation has moved for remittitur, while Brown has cross moved for additur. For the following reasons, Probation’s Motion is ALLOWED, and Brown’s Motion is DENIED.

BACKGROUND

Brown was hired by Probation in 1993 and became an Assistant Chief Probation Officer in 1998, working in the West Roxbury District Court. Brown had a contentious relationship with her direct superior, Chief Probation Officer James Rush (“Rush”). Brown and her co-worker, Young, believed that Rush’s conduct amounted to gender discrimination (although the jury later concluded that it did not), and filed suit against both him and Probation on August 13, 2007. She also filed an internal complaint and complaints with the Office of Affirmative Action and the Massachusetts Commission Against Discrimination. Officer Mira Dandridge was assigned by Probation to investigate the internal claim. Dandridge failed to complete a report into Brown’s claim.

The case did not come to trial for several years. Rush had retired in 2006 and had been replaced as Chief Probation Officer in West Roxbury by Mark Prisco (“Prisco”), who became Brown’s direct supervisor. At the naming of the West Roxbury District Court’s rotunda for Rush, Prisco permitted Probation officers to place photos of Rush around the court rotunda and to put up fliers celebrating the event.

Brown was reprimanded by Prisco on a number of occasions following her complaints regarding discrimination. One of Brown’s duties was to make periodic bank deposits of funds into the Probation Office’s account. In 2008, Prisco learned that Brown would sometimes go home after making the deposits without returning to work for the rest of the day. Shortly thereafter, Prisco directed that other probation employees should also make the deposits, stripping Brown of the exclusive responsibility for them.

In 2009 one of Brown’s subordinate probation officers had transferred a probationer from the supervision of the West Roxbury District Court to the Stoughton District Court. Following the transfer, it emerged that the Stoughton probation office did not have a record of the probationer and had not been monitoring him for a number of months. As a result of this incident, Prisco berated Brown, and, with the consent of Mark McHale, the regional probation administrator, placed a written reprimand in her file. He also ordered Brown to conduct a complete caseload review, although he never went over the review with her. Prisco also admonished Brown when a warrant issued for the arrest of a presumably non-compliant probationer who was under the charge of one of Brown’s subordinate probation officers. As it turned out, the probationer had died a full year before the warrant issued, leading to an awkward encounter between police and the probationer’s family.

Finally, in October 2009, a group of thirteen probation officers signed a letter to Prisco complaining about Brown’s conduct, including her abrasive manner, unkempt files, and lackadaisical approach to her job. After receiving the letter, Prisco called Brown into his office and embarrassed her by reading the letter to her aloud in the presence of two other probation supervisors. He also declined to give her a copy of the letter. Prisco then removed Brown’s supervisory responsibilities over other probation officers. Her job title and salary remained the same, however. When Prisco later restored Brown’s supervisory responsibilities, he refused to place any officers who had signed the letter about Brown under her supervision.

[550]*550DISCUSSION

When a court grants remittitur, the plaintiff is given the option of either accepting a new trial or accepting the amount of damages that the court considers fair. Mass. Prac. Vol. 43 §23.28; see Mass.R.Civ.P. 59(a). It is appropriate if “ ‘the court adjudges [that damages are] excessive,’ in order to bring the award within the range of verdicts supported by the evidence.” Clifton v. Massachusetts Bay Transportation Auth., 445 Mass. 611, 623 (2005). A judge’s decision to allow or deny a motion for remittitur is reviewed according to the “abuse of discretion” standard. Blake v. Commissioner of Correction, 403 Mass. 764, 770 n.6 (1989).

Punitive and compensatory damages fulfill different roles in the judicial process. Compensatory damages make a plaintiff whole for the actual harm he or she has suffered. By contrast, punitive damages serve to punish the defendant for wrongdoing and deter similar conduct. Accordingly, in discrimination/retaliation cases, it is not enough for the plaintiff to prove that the defendant violated G.L.c. 15IB, §4; the plaintiff must additionally prove that the defendant’s conduct was “outrageous or egregious.” Haddad v. Wal-Mart Stores, Inc., 455 Mass. 91, 110 (2009).

Just as the legal standard for resolving whether a plaintiff is entitled to compensatory damages differs from the legal standard regarding punitive damages, there are particular factors that the courts evaluate when considering whether a punitive damage award was excessive. See Labonte v. Hutchins & Wheeler, 424 Mass. 813, 826 (“Common law and constitutional principles mandate that courts review the amount to ensure that it is reasonable and not simply a criminal penalty”). As the court noted in Labonte, typically these factors guide a judge’s decision both under the Due Process Clause of the Fourteenth Amendment and the judge’s common-law powers.

In many cases, it is the constitutional standard that is the more important, as the Supreme Court has held that a punitive damages award that exceeds a “single digit ratio” (i.e., a ratio of nine or more to one) to the award of compensatoiy damages is highly constitutionally suspect as a possible violation of the constitution’s Due Process Clause. State Farm Mut. Auto Ins. Co. v. Campbell, 538 U.S. 408, 425 (2003). The Commonwealth argues that remittitur should therefore be granted to reduce the eighty-three to one awarded by the jury to the nine to one described by the Supreme Court. As the defense points out, however “The Fourteenth Amendment protects persons against exercises of State power; it has never been applied and its text would hardly permit that it be so applied to protect the state or its political subdivisions against persons.” Bain v. City of Springfield, 424 Mass. 758, 768 (1997). Therefore, application of the Amendment does not have a role in this case, and the nine to one ratio is not mandated on this court.2

This still leaves the court’s duty to “scrutinize punitive damage awards against the Commonwealth to assure that they are not excessive or irrational,” and this court will thus evaluate the punitive damages the award in this case in light of the factors described in the Supreme Court’s jurisprudence. Id.

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Related

BMW of North America, Inc. v. Gore
517 U.S. 559 (Supreme Court, 1996)
State Farm Mutual Automobile Insurance v. Campbell
538 U.S. 408 (Supreme Court, 2003)
Blake v. Commissioner of Correction
532 N.E.2d 671 (Massachusetts Supreme Judicial Court, 1989)
MacCormack v. Boston Edison Co.
423 Mass. 652 (Massachusetts Supreme Judicial Court, 1996)
Bain v. City of Springfield
678 N.E.2d 155 (Massachusetts Supreme Judicial Court, 1997)
Labonte v. Hutchins & Wheeler
678 N.E.2d 853 (Massachusetts Supreme Judicial Court, 1997)
Clifton v. Massachusetts Bay Transportation Authority
839 N.E.2d 314 (Massachusetts Supreme Judicial Court, 2005)
Haddad v. Wal-Mart Stores, Inc.
914 N.E.2d 59 (Massachusetts Supreme Judicial Court, 2009)
Commonwealth v. Taylor
916 N.E.2d 1000 (Massachusetts Supreme Judicial Court, 2009)
Dalrymple v. Town of Winthrop
740 N.E.2d 204 (Massachusetts Appeals Court, 2000)
Ciccarelli v. School Department of Lowell
877 N.E.2d 609 (Massachusetts Appeals Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
28 Mass. L. Rptr. 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-office-of-commissioner-of-probation-masssuperct-2011.