Thursday, December 31, 2009

Action in Monteiro Case

Bob La Trémouille reports.

1. Introductory.
2. Matters pending, new action.

1. Introductory.

This report updates the situation on Malvina Monteiro, et al. v. City of Cambridge et al., Middlesex Superior Court Civil Action 2001-02737 (simplifying citation for sake of clarity).

In this case, judge and jury found that the Cambridge City Manager had destroyed the life of a black woman who was head of Cambridge’s Police Review Board in retaliation for her filing a civil rights complaint.

The key judge’s decision may be found at One word summarizes her analysis: “reprehensible.”

The award currently exceeds $5 million, about $1.1 million damages, $3.5 million penal damages and $.5 million interest.

There are several matters pending in the Monteiro case. I do not have access to the papers, only to the “docket.” From the docket, I can get the title of the papers filed by the parties and commonly get the full opinions of the judge with a lot of formatting, especially paragraphing, lost.

The jury’s verdict was announced in April 2008.

After the post trial motions were filed, argued and supplemental filings filed, it took something like nine months before the judge issued her EXTREMELY WELL WRITTEN decision on the various matters. Clearly, she takes her time and does good work.

After that, the judge issued a formal judgment. This commonly is the end of a case unless it is appealed.

2. Matters pending, new action.

The current items of major significance now pending are:

a. The plaintiff’s post judgment motion to increase the interest paid the plaintiff on the damages awarded.

b. The defendant’s motion to reconsider the decision. This motion was filed shortly after a court decision came down on penal damages.

Each motion, of course, was opposed by the other side.

On Tuesday, December 28, 2009, the Court received a formal paper entitled “Plaintiff Monteiro Submission Of Supplemental Authority.”

Translated into English, it would appear that the Plaintiff’s attorney has submitted additional legal arguments in support of the Plaintiff’s position on one of the pending motions. An educated guess would be that the filing was with regard to the Defendant’s motion to reconsider.