Massachusetts State Police lose $1.9M discrimination lawsuit to former trooper
The hits just keep on coming for the State Police and its academy.
A former highly decorated trooper who was severely hurt while on duty, but worked his way back after many years on the sidelines, has won his discrimination case against Mass State Police.
Arthur Cournoyer, 67, was discriminated against by the state agency, a Middlesex County jury ruled this week. The Commonwealth of Massachusetts has been ordered to pay the ex-statie more than $1.9 million following the verdict.
“Did the Plaintiff, Arthur Cournoyer, prove by a preponderance of the evidence that the conduct of the Defendant, the Commonwealth of Massachusetts, Department of the State Police was outrageous or egregious, such that punitive damages should be imposed?” the verdict document asks.
The jury checked off “yes,” writing that the punitive damages should be $100,000.
Cournoyer was awarded more than $372,000 for loss of compensation since October of 2015. The jury also awarded him $115,000 for loss of compensation and benefits, and as well as other consequential damages going forward. He was awarded $500,000 for emotional distress.
That sum comes out to about $1.1 million, and the total is $1.9 million with interest.
This case yet again shines a light on the State Police Academy, which has been in the headlines since last year’s death of 25-year-old recruit Enrique Delgado-Garcia, who died following a medical crisis at the New Braintree Academy.
Cournoyer’s case goes all the way back to 1998, when he was 42 years old and he was on patrol in Central Massachusetts. He heard a call for a possible hostage situation involving a 5-year-old.
When he got to the scene, he learned that a woman had been assaulted, and the child was out of the house. The suspect was at the top of the stairs, and he ended up assaulting Cournoyer — seriously injuring the trooper.
Cournoyer suffered a severe shoulder injury while subduing and arresting the man. His injuries included a torn rotator cuff, several fractures in his scapula, and right elbow and right wrist injuries.
Due to his serious injuries, Cournoyer in 2000 was honorably discharged and retired with disability retirement pension benefits.
But that wasn’t the end of his State Police story, as he worked his way back after numerous surgeries and rehabilitation. More than a dozen years later in 2013, he began the process of being reinstated to Mass State Police.
Cournoyer had to pass physical tests to come back, and in 2015 when he was 58 years old he passed the physical — running 1.5 miles within the qualifying time and performing the physical agility test within the required standards.
He qualified to join the State Police Academy for the 82nd Recruit Training Troop in October of 2015, and he was the oldest person in the class.
During an orientation meeting, a lieutenant colonel reportedly warned him that the drill instructors wouldn’t give him any breaks and that he would have to keep up with the young recruits.
From these comments, Cournoyer felt that he was going to be singled out due to his age and disability, and that MSP was going to make it hard for him to get reinstated.
He reported that he ended up being “singled out” and “discriminated against.” He also told academy leaders that experienced troopers who were returning to work after an injury shouldn’t have to go through new recruit training.
But the academy leaders told him he was required to complete the new recruit training.
Then the leaders reportedly asked him to sign “resignation papers.” Cournoyer refused to sign, and he left the academy before the training was completed.
His name ended up being on the resignation list, which led to this discrimination lawsuit.
Cournoyer’s lawyer argued that he never resigned, while Mass State Police considered that he had voluntarily resigned.
“Plaintiff alleges that while he was in the process of being reinstated as a Massachusetts State Police Trooper, the Defendant engaged in actions which violated Massachusetts discrimination laws and were taken in retaliation for his asserting various rights under the law,” stated a joint statement to the jury. “Defendant denies that it discriminated or retaliated against Plaintiff in any way.”
The jury ended up ruling for Cournoyer on his handicap discrimination claim. The jury voted “No” on his age discrimination claim and retaliation claim.
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A Massachusetts State Police spokesperson said in a statement about the judgment, “We are reviewing the decision in consultation with our legal representatives from the Attorney General’s Office. It would be premature to comment further at this time.”
An AG’s Office spokesperson declined to comment.
