Jones v. Boykan

Summary

The Massachusetts Supreme Judicial Court reviewed a default judgment arising from a 1999 altercation involving a Springfield police officer. The court held that the damages assessment lacked an adequate factual basis under Massachusetts Rule of Civil Procedure 55(b)(2), vacated the judgment, and remanded for a new hearing to assess damages against the officer and the city. The court also addressed attorney’s fees under 42 U.S.C. § 1988 and concluded that the Superior Court’s amended judgment was premature because appellate jurisdiction had not yet returned to that court.

Holdings

1. When a court awards damages after entry of default under Mass. R. Civ. P. 55(b)(2), it must fairly determine that the amount has a reasonable basis in fact and must make factual findings appropriate to the circumstances. The $1 million award was unsupported because it rested only on counsel's representations and the amount listed on the civil action cover sheet.
2. A default admits well-pleaded factual allegations but does not admit legal conclusions or establish entitlement to damages on a legally invalid claim. After entry of default, affirmative defenses and most Mass. R. Civ. P. 12(b) defenses cannot be raised for the first time at the damages hearing if they were not previously pleaded or asserted.
3. A party seeking appellate attorney's fees under § 1983 and § 1988 must specifically request those fees in the appellate brief. The plaintiffs' failure to make a separate request for attorney's fees waived their entitlement to have the Appeals Court consider the request.
4. When a timely application for further appellate review is pending and the application is granted, the Appeals Court's rescript does not issue and the lower court lacks jurisdiction to amend the judgment before the Supreme Judicial Court's rescript issues.

Questions Presented

1. Whether the Superior Court properly vacated the damages award against the city and ordered a new hearing under Mass. R. Civ. P. 60(b) and 55(b)(2).
2. Whether a default judgment may award damages for multiple and varied injuries without factual findings or competent evidence establishing the amount of damages.
3. Whether a defendant whose default has entered may raise affirmative defenses or defenses under Mass. R. Civ. P. 12(b) for the first time during a postdefault damages hearing.
4. Whether the plaintiffs were entitled to appellate attorney's fees under 42 U.S.C. § 1988 despite failing to request them separately in their appellate brief.
5. Whether the Superior Court had jurisdiction to amend the default judgment while the defendants' application for further appellate review was pending.

Disposition

remanded