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Massachusetts Prisoners Awarded Back Pay
A Mass. superior court judge ruled the state owes 2,253 current and former state prisoners about $1 million because they were not given a pay raise mandated by DOC regulations.
In April 1991, new DOC regulations were issued that raised the top rate for full-time workers from $1 to $1.35 an hour, and for part-time workers from 75 cents to $1.25 an hour; another category of part-time work was increased from 50 cents to $1 an hour.
In July 1991, Larry E. DuBois became the new head of corrections and refused to honor the pay raises. "He felt there was not a need to raise the wages. And they were not paid," Anthony Carnevale, a DOC spokesperson told The Boston Globe.
About prisoners were awarded up to $2,000 apiece after they prevailed in a suit over the unpaid raises in 1995. After that ruling a flood of other prisoners filed suits, which the superior court consolidated into a class action.
The court ruled that the DOC regulations mandating pay raises amounted to a "contract," and the state must pay prisoners retroactively, plus interest. The DOC estimated that the prisoners are owed between $938,210 and $1.4 million, not including interest. Carnevale said the department will review the court's decision before deciding whether to appeal.
The court found no statutory basis for awarding attorney's fees in this type of action, but exercised its discretion to award attorneys 20 percent of the total damages recovered by the class.
The ruling was signed by superior court judge Patrick J. King on February 27, 1997, and is entitled: Josey v. Dubois, Commonwealth of Mass. Superior Court No. 95-3266-D.
Corrections Digest
In April 1991, new DOC regulations were issued that raised the top rate for full-time workers from $1 to $1.35 an hour, and for part-time workers from 75 cents to $1.25 an hour; another category of part-time work was increased from 50 cents to $1 an hour.
In July 1991, Larry E. DuBois became the new head of corrections and refused to honor the pay raises. "He felt there was not a need to raise the wages. And they were not paid," Anthony Carnevale, a DOC spokesperson told The Boston Globe.
About prisoners were awarded up to $2,000 apiece after they prevailed in a suit over the unpaid raises in 1995. After that ruling a flood of other prisoners filed suits, which the superior court consolidated into a class action.
The court ruled that the DOC regulations mandating pay raises amounted to a "contract," and the state must pay prisoners retroactively, plus interest. The DOC estimated that the prisoners are owed between $938,210 and $1.4 million, not including interest. Carnevale said the department will review the court's decision before deciding whether to appeal.
The court found no statutory basis for awarding attorney's fees in this type of action, but exercised its discretion to award attorneys 20 percent of the total damages recovered by the class.
The ruling was signed by superior court judge Patrick J. King on February 27, 1997, and is entitled: Josey v. Dubois, Commonwealth of Mass. Superior Court No. 95-3266-D.
Corrections Digest
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Related legal case
Josey v. DuBois
| Year | 1997 |
|---|---|
| Cite | Commonwealth of Mass. Superior Court No. 95-3266-D |
| Level | Trial Court |
| Conclusion | Settlement |
| Attorney Fees | 280000 |
| Damages | 1400000 |
| Injunction Status | N/A |