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CLIFTON v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

445 Mass. 611 (2005)

HIRAM CLIFTON v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

December 21, 2005.

Attorney(s) appearing for the Case

Kevin G. Powers (Robert S. Mantell with him) for the plaintiff.

Walter M. Foster (Matthew J. Walko with him) for the defendant.

The following submitted briefs for amici curiae:

Marisa Campagna, Theresa Finn-Dever, & James S. Weliky for National Employment Lawyers Association.

Paul H. Merry & Angela Ciccolo for Massachusetts Employment Lawyers Association & another.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.

GREANEY, J.

In 1999, a jury in the Superior Court found that the Massachusetts Bay Transportation Authority (MBTA) had discriminated against the plaintiff in his employment on the basis of his race, in violation of G. L. c. 151B, § 4 (1) and (4), and awarded him $500,000 in compensatory damages for emotional distress and $5 million in punitive damages. After the plaintiff refused to accept a remittitur of the punitive damages award to $500,000, the trial judge...

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