Ventresca v. Town Manager of Billerica

We are faced here with the issue whether a judge, in a contempt proceeding, may award partial attorney’s fees to the nonprevailing party. Under the facts and circumstances of this case, it was impermissible to do so, and we reverse that portion of the amended judgment.

The underlying action concerns an unfortunate and high level of hostility between the plaintiff, Anthony M. Ventresca, and the town of Billerica (town), more particularly its police chief, its town manager,2 and the chair of the board of selectmen. As characterized by the judge, “Underlying this contempt action is a public…