Appeals argument tests scope of litigation privilege after city solicitor circulated investigatory report

The Appeals Court heard argument in Michelle Mangino et al. v. Paul Capizzi over whether a city solicitor’s distribution of an investigative report is protected by the litigation privilege.

Matthew Hamill, representing City Solicitor Paul Capizzi, told the panel the solicitor’s disclosure fit the privilege because it related to anticipated or ongoing litigation and to the city’s legal position: the complaints had generated an investigation and those matters were the subject of administrative (MCAD) filings that are typically a prelude to litigation. Hamill argued motive is not material to a…