Brown v. Office of the Commissioner of Probation, 475 Mass. 675

Helen Brown sued the Office of the Commissioner of Probation under G. L. c. 151B for discrimination and retaliation; a jury found for Brown on retaliation.
Jury awarded $6,000 compensatory damages and $500,000 punitive damages; punitive damages were remitted to $108,000. Brown was also awarded attorney’s fees and costs totaling $246,757.95.
After appeals and rescript, judgment entered providing prejudgment interest (paid) but denying Brown’s request for postjudgment interest on punitive damages, attorney’s fees, and costs.
The trial judge denied postjudgment interest on those awards, concluding G. L. c. 151B, § 9, does not waive sovereign immunity as to postjudgment interest.
The Appeals Court affirmed in a divided decision; the Supreme Judicial Court granted further review to decide whether § 9 waives sovereign immunity for postjudgment interest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether G. L. c. 151B, § 9 waives sovereign immunity for postjudgment interest on punitive damages, fees, and costs	Brown: § 9 (and § 1 inclusion of public employers) implies waiver so public employers are liable for postjudgment interest as private employers are	Defendant: Sovereign immunity remains unless statute expressly or necessarily implies waiver; § 9 lacks such language for postjudgment interest	The court held § 9 does not waive sovereign immunity for postjudgment interest; judgment denying interest affirmed

DeRoche v. Massachusetts Comm'n Against Discrimination, 447 Mass. 1 (held § 5 waives sovereign immunity for prejudgment interest in agency awards)
Onofrio v. Department of Mental Health, 411 Mass. 657 (refused to find implied waiver of sovereign immunity for postjudgment interest under G. L. c. 258 § 2)
Todino v. Wellfleet, 448 Mass. 234 (found implied waiver for postjudgment interest where statute ensured compensation "without loss of pay")
Maimaron v. Commonwealth, 449 Mass. 167 (found implied waiver where indemnification statute covered "all personal financial loss and expenses")
Bain v. Springfield, 424 Mass. 758 (recognized waiver of sovereign immunity for punitive damages under G. L. c. 151B § 9)
New York & Mass. Motor Serv., Inc. v. Massachusetts Comm'n Against Discrimination, 401 Mass. 566 (statutory authority for prejudgment interest in commission remedies)
C & M Constr. Co. v. Commonwealth, 396 Mass. 390 (principle that sovereign immunity requires explicit statutory waiver)
General Elec. Co. v. Commonwealth, 329 Mass. 661 (sovereign immunity principle that Commonwealth cannot be impleaded without consent)
Sheriff of Suffolk County v. Jail Officers & Employees of Suffolk County, 465 Mass. 584 (discussed limits on postjudgment interest against public employers)
Salvi v. Suffolk County Sheriff's Dep't, 67 Mass. App. Ct. 596 (held public employers liable for prejudgment interest in c.151B cases)