United States Court of Appeals
                     For the First Circuit


No. 17-2033

                        SCOTT L. HEAGNEY,

                      Plaintiff, Appellee,

                               v.

                LISA A. WONG; CITY OF FITCHBURG,

                     Defendants, Appellants,

               BADGEQUEST, INC.; STEPHAN UNSWORTH,

                           Defendants.


          APPEAL FROM THE UNITED STATES DISTRICT COURT
                FOR THE DISTRICT OF MASSACHUSETTS

         [Hon. Timothy S. Hillman, U.S. District Judge]


                             Before

                Torruella, Thompson, and Barron,
                         Circuit Judges.


     Leonard H. Kesten, with whom Judy A. Levenson, Deidre Brennan
Regan, and Brody, Hardoon, Perkins & Kesten, LLP were on brief,
for appellants.
     Nicholas B. Carter, with whom Joseph M. Cacace and Todd &
Weld LLP were on brief, for appellee.
February 11, 2019
            BARRON, Circuit Judge.          This case concerns a suit that

Scott Heagney, a past applicant for the position of the police

chief of Fitchburg, Massachusetts, brought against the City of

Fitchburg ("Fitchburg") and its mayor after the mayor decided not

to nominate him for the job.          The mayor made her decision after

she discovered late in the hiring process that Heagney had not

disclosed, among other things, that he was charged with serious

criminal offenses (of which he was later acquitted at trial) during

the time period in which he was employed at another local police

department.    The mayor was quoted thereafter in local newspapers

explaining her decision not to nominate Heagney for the position.

            Heagney's suit claims that Fitchburg violated his rights

under   Massachusetts     General    Laws    Chapter    151B   by   basing   its

decision not to hire him for the position on his failure to

disclose the criminal case against him.                 Heagney's suit also

claims, under Massachusetts law, that the mayor defamed him through

statements that she made to the local newspapers explaining the

decision.

            At trial, the jury found for Heagney on both claims.

For the defamation claim, the jury awarded Heagney $750,000 in

compensatory    damages     and     for   the      Chapter   151B   claim,    no

compensatory   damages    but     $750,000    in    punitive   damages.      The

District Court denied Fitchburg's motions for judgment as a matter

of law and for a new trial or remittitur, and entered judgment for


                                     - 3 -
Heagney.      Fitchburg now appeals.         We reverse the judgment on the

defamation claim, affirm the judgment on the Chapter 151B claim,

and reverse the award of punitive damages for the Chapter 151B

claim.

                                        I.

              Heagney first submitted his application for the position

of   Fitchburg    Police   Chief   in     October   2013.     On   the   résumé

accompanying his application, Heagney listed positions that he had

held at the Police Department of Franklin, Massachusetts from 1987

to 2001 and at the United States Bureau of Alcohol Tobacco and

Firearms ("ATF"), where he had been employed since 2001.

              Heagney did not list on his résumé, however, his prior

employment as an officer in the Police Department of Falmouth,

Massachusetts where, after being fired by the Franklin Police

Department, he had worked from 1990 to 1993.                 Instead, on his

résumé, Heagney stated that he had worked as a patrolman at the

Franklin Police Department from 1987 to 1994, without noting the

break in his service.           Heagney also did not list his prior

employment at the Police Department of Attleboro, Massachusetts,

where he had worked from 1985 to 1987.

              As part of the application process, Heagney was also

asked    to   fill   out   a   standard      employment