Posts tagged "1001613"

Jones, et al. v. Boykan, et al. (Lawyers Weekly No. 10-016-13)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030;     SJC‑11276 SJC-11095   LUCY JONES & others[1]  vs.  RONALD BOYKAN & others.[2] Hampden.     October 2, 2012.  ‑  February 6, 2013. Present:  Ireland, C.J., Spina, Cordy, Botsford, & Gants, JJ.       Judgment, Default, Relief from judgment, Amendment.  Damages, Civil rights, Attorney’s fees.  Practice, Civil, Default, Entry of judgment, Vacation of judgment, Damages, Affirmative defense, Waiver, Attorney’s fees, Costs.  Civil Rights, Damages, Attorney’s fees.  Jurisdiction, Superior Court.       Civil action commenced in the Superior Court Department on June 12, 2003.   A motion for judgment of default, filed on June 7, 2004, was heard by Peter A. Velis, J., a hearing on an assessment of damages was held before him, and motions to vacate judgment were also heard by him.   After review by the Appeals Court, a motion for attorney’s fees and costs was considered in the Appeals Court by Barbara A. Lenk and Frederick L. Brown, JJ.  The Supreme Judicial Court granted leave to obtain further appellate review.   A motion to amend judgment, filed on January 17, 2012, was heard by Peter A. Velis, J.   The Supreme Judicial Court granted an application for direct appellate review.     Garry Teixeira for Lucy Jones & others. Patricia Bobba Donovan (Lisa C. deSousa, Associate City Solicitor, with her) for Ronald Boykan & others.   BOTSFORD, J.  This case arises out of a violent altercation in 1999 involving the plaintiffs, Lucy Jones, Nicole Jones, William Owens, and Sierra Jones, and the defendant, Officer Ronald Boykan of the Springfield police department (department).  More than thirteen years later, with a procedural history that features missteps by many, the case arrives before us on limited further appellate review.  See Jones v. Boykan, 79 Mass. App. Ct. 464 (2011) (Jones II).  In Jones II, the Appeals Court ordered the reinstatement of a 2004 default judgment against Boykan and the defendant city of Springfield (city).  Id. at 471.  We also have before us on direct appellate review an order of the Superior Court dated March 30, 2012, that amended the 2004 default judgment to correct a clerical error and that reinstated it.  For the reasons we explain hereafter, we conclude that the case must be remanded to the Superior Court for another hearing to assess damages.   1.  Background.  The Appeals Court’s decision describes the factual background underlying this case.  See Jones […]


Posted by Massachusetts Legal Resources - February 6, 2013 at 8:40 pm

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