Amendment #98 to H3899

Davis Amd

Mr. Rogers of Norwood moves to amend the bill by adding the following new section:-

SECTION __.  Notwithstanding any special or general law to the contrary, the comptroller shall forward remaining payments due from former state employee defendants in accordance with the February 16, 2010 Third Amended Judgment in Civil Action No. 96-cv-11598MEL, filed in the Federal District Court in Boston, Massachusetts, in order to satisfy the settlement due as a result of the abuse by state employees documented in Davis v. Rennie, et al.

Note: The payments ordered hereunder are so ordered because: (i) the litigant in Davis v. Rennie, et al. prevailed on a novel issue of substantial federal constitutional significance to the entire citizenry of the Commonwealth of Massachusetts; (ii) this substantial issue of federal constitutional significance was the subject matter of a precedential (reported) opinion which binds all State and Federal Courts in Massachusetts, Rhode Island, Maine, New Hampshire and Puerto Rico; and (iii) the litigant in Davis v. Rennie, et al. was required to defend the propriety of this constitutional issues in no less than three (3) federal courts wherein he prevailed in each such proceeding.