Rzeznik v. Chief of Police

407 N.E.2d 389, 10 Mass. App. Ct. 335, 1980 Mass. App. LEXIS 1264
CourtMassachusetts Appeals Court
DecidedJuly 24, 1980
StatusPublished

This text of 407 N.E.2d 389 (Rzeznik v. Chief of Police) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rzeznik v. Chief of Police, 407 N.E.2d 389, 10 Mass. App. Ct. 335, 1980 Mass. App. LEXIS 1264 (Mass. Ct. App. 1980).

Opinion

Rose, J.

The defendant appeals from a judgment awarding exemplary or punitive damages in the amount of $1,000 to the plaintiff, based on the violation of the plaintiff’s First Amendment rights under 42 U.S.C. § 1983 (1970) (the Civil Rights Act), by the defendant’s revocation of the plaintiff’s licenses to carry and sell firearms and to sell ammunition. We find no error and affirm.

The case was first tried in 1976 before a judge without a jury. A judgment was entered on January 24,1977, dismiss[336]*336ing the plaintiff’s various claims for money damages. On appeal, the Supreme Judicial Court reversed the judgment in so far as it dismissed the claim for damages for an alleged violation of the plaintiff’s constitutional rights under § 1983 and remanded the case for reconsideration by the judge of the evidence as to that claim, including the issue of damages.1

On September 8, 1978, the judge entered his findings and order for judgment. He concluded that the plaintiff had proved the elements of his § 1983 claim but had sustained no actual damages. He awarded the plaintiff punitive damages, based on the following findings. In 1974 and 1975 the defendant, the chief of police of Southampton, issued to the plaintiff licenses to carry firearms, to sell, rent and lease firearms, and to sell ammunition. The defendant knew that the plaintiff, at the time he applied for the licenses, had records of two felony convictions and also knew that the records had been sealed pursuant to G. L. c. 276, § 100A. The defendant sought an opinion from the district attorney and from the commissioner of probation as to the effect of the sealing of the records on the plaintiff’s eligibility for firearms licenses but was unable to get a firm answer. He therefore issued the licenses. Later, in August of 1975, the defendant learned of a memorandum issued by the Criminal History Systems Board which advised that the sealed records statute was applicable primarily in employment situations, and would not be applicable to such matters as applications for licenses to carry or sell firearms. The defendant realized at that time that the licenses had been improperly issued.2

[337]*337The defendant, however, took no action to revoke the plaintiff’s licenses until the afternoon of October 9, 1975, at which time he made three visits to the plaintiff’s home. On his third visit, he found the plaintiff at home, and demanded the return of the plaintiff’s licenses. The plaintiff, under protest, returned the license to carry firearms.3 On October 9, 1975, the plaintiff had testified earlier in the day against the defendant before a grand jury with regard to an alleged conflict of interest on the part of the defendant. The judge found that the defendant was aware of that testimony when he visited the plaintiff’s home. The judge stated that he had “no doubt” that when the defendant went to the plaintiff’s home to demand the licenses, he did so in a spirit of retaliation for the testimony which the plaintiff had given against him earlier that day, and that his action was prompted as much by vindictiveness and personal animosity toward the plaintiff as by a desire to perform the duties of his office. The judge found that the defendant had known for many weeks that the licenses had been issued improperly and had taken no action. When he learned of the plaintiff’s testimony, however, he reacted with anger and used the performance of his duty as a means of revenge.

The judge found, however, that the plaintiff had sustained no actual damage as a result of the defendant’s conduct. The plaintiff had no right to the licenses to carry and sell firearms and to sell ammunition. Any financial losses incurred by the plaintiff in connection with his proposed business venture would have been incurred in any event, regardless of the manner in which the license revocations were accomplished, and such losses, therefore, were not caused by the violation of the plaintiff’s civil rights. The judge also found that the plaintiff’s health or physical condition was not in any way impaired by the defendant’s conduct. Nevertheless, under the applicable Federal law, the judge concluded that [338]*338the plaintiff was entitled to recover punitive damages, because the wrong occasioned by the defendant’s conduct was aggravated by actual malice and personal animosity. Caperci v. Huntoon, 397 F.2d 799 (1st Cir.), cert. denied, 393 U.S. 940 (1968).

The defendant appeals from the judgment on two grounds: first, that the judge’s findings with regard to the damages issue were not within the scope of the remand ordered by the Supreme Judicial Court; and second, that the evidence did not support the judge’s findings with regard to the defendant’s retaliatory motive. As to the first issue, the Supreme Judicial Court stated in its decision4 that the case “is remanded to the Superior Court for reconsideration by the judge of the evidence as to that claim [under 42 U.S.C. § 1983 (1970)], including the issue of damages, if the judge reaches that issue, and if any have been proved by the plaintiff” (emphasis supplied). The defendant relies upon the italicized language in his argument that the court’s judgment permitted an award of only the actual damages, which might be “proved,” and not punitive damages, not based upon specific proof. Because the trial judge found that the plaintiff had sustained no actual damage as a result of the defendant’s conduct, the defendant argues that such finding constituted a finding that the plaintiff had “proved” no damages, and was therefore not entitled to recover punitive damages.

We do not agree with the defendant’s interpretation of the court’s decision. The court relied upon the principle that “if an individual proves that a governmental benefit has been denied for constitutionally impermissible reasons, that individual is entitled to appropriate remedies under 42 U.S.C. § 1983 (1970).” Rzeznik v. Chief of Police of Southampton, 374 Mass. at 485, and cases cited. From the court’s reference to “appropriate remedies” and its citation of Smith v. Losee, 485 F.2d 334 (10th Cir. 1973), cert. denied, 417 U.S. 908 (1974), in which punitive as well as actual damages were awarded, we conclude that an award of [339]*339punitive damages, if the right to recover such damages were “proved” by the plaintiff on the record in this case, was within the discretion of the trial judge. Under applicable Federal law, punitive damages may be awarded in certain circumstances when the violation of an individual’s constitutional rights is aggravated by actual malice, evil intent, deliberate oppression, wilful or wanton misconduct, or a reckless disregard for the civil rights of the plaintiff. See Caperci v. Huntoon, 397 F.2d at 801. Accord, Guzman v. Western State Bank, 540 F.2d 948, 953 (8th Cir. 1976), and cases cited. See also Adickes v. S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. United States Gypsum Co.
333 U.S. 364 (Supreme Court, 1948)
Adickes v. S. H. Kress & Co.
398 U.S. 144 (Supreme Court, 1970)
Anthony Caperci v. Earl P. Huntoon, Jr.
397 F.2d 799 (First Circuit, 1968)
Melvin T. Smith v. Ferron C. Losee
485 F.2d 334 (Tenth Circuit, 1973)
Rendell Noel Mabey, Jr. v. Ronald Reagan
537 F.2d 1036 (Ninth Circuit, 1976)
Rzeznik v. Chief of Police of Southampton
373 N.E.2d 1128 (Massachusetts Supreme Judicial Court, 1978)
Building Inspector of Lancaster v. Sanderson
360 N.E.2d 1051 (Massachusetts Supreme Judicial Court, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
407 N.E.2d 389, 10 Mass. App. Ct. 335, 1980 Mass. App. LEXIS 1264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rzeznik-v-chief-of-police-massappct-1980.