University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Brown v. Maloney PC-MA-0030
Docket / Court 03-01 ( State Court )
State/Territory Massachusetts
Case Type(s) Prison Conditions
Special Collection Prison Legal News
Attorney Organization Legal Services/Legal Aid
Case Summary
Note: The limited information we have about this case came from newsletters from Prisoners Legal Services Massachusetts. We do not have any court filings available.

In 2003, prisoners in the Massachusetts state prison system filed this lawsuit in the Massachusetts state court system ... read more >
Note: The limited information we have about this case came from newsletters from Prisoners Legal Services Massachusetts. We do not have any court filings available.

In 2003, prisoners in the Massachusetts state prison system filed this lawsuit in the Massachusetts state court system against the Massachusetts Department of Corrections (DOC). The plaintiffs, represented by Massachusetts Correctional Legal Services (MCLS, now known as Prisoners' Legal Services of Massachusetts) asked the court for an injunction against the Department of Correction's practice of denying prisoners on mental health watch from receiving legal visits, or making or receiving phone calls or sending or receiving mail related to legal issues, or otherwise contacting attorneys. Both the plaintiffs and the defendant filed motions for summary judgment.

On May 27, 2005, the Court enjoined the DOC from preventing a person held on mental health watch from meeting with their attorney for more than 72 hours, and ordered further hearings to determine whether the injunction should become permanent.

In spring 2008, the DOC agreed to develop regulations following the Court's injunction. DOC procedure under 103 Code of Massachusetts Regulations 650 was updated to require attorneys seeking to visit their clients who are on mental health watch to transmit a written request for attorney visit. Then, the attorney would be allowed to visit a prisoner on "eyeball watch" within 72 hours, and all other prisoners within 36 hours. Following the agreement, DOC successfully moved for summary judgment on mootness grounds, and paid $15,000 in attorney's fees.

Margo Schlanger - 06/25/2007
Kate Craddock - 11/20/2015


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Defendant-type
Corrections
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to lawyers or judicial system
Conditions of confinement
Mail
Phone
Visiting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) Massachusetts Department of Corrections
Plaintiff Description Plaintiffs are prisoners in the Massachusetts state prison system on mental health watch
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2008
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Prison Legal Services MA Newsletter 06/01/2005
PC-MA-0030-0001 PDF | Detail
Prison Legal Services MA Newsletter 05/01/2008
PC-MA-0030-0002 PDF | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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