Filed Date: Aug. 28, 2002
Clearinghouse coding complete
On July 9, 2002 incarcerated people, either serving sentences or awaiting trial at the Bristol County Jail or Bristol County House of Correction, filed this pro se action in the Bristol County Superior Court challenging the validity of cost of care fees, medical care fees, haircut fees and GED fees charged to incarcerated individuals by Bristol County Sheriff Hodgson pursuant to his Bristol County Inmate Financial Responsibility Program. The plaintiffs obtained private counsel who then filed an amended complaint on August 28,2002, alleging federal and state law causes of action. The defendant removed the case to the U.S. District Court for the District of Massachusetts. The plaintiffs voluntarily dismissed their federal law claims and the case was remanded to the Bristol County Superior Court for resolution of the state claims. Thereafter, both parties moved for summary judgment.
On July 28, 2004, the Superior Court (Judge Richard T. Moses) granted plaintiffs' motion for summary judgment and denied defendants' cross-motion. Judge Moses declared that all fees imposed under the Bristol County Inmate Financial Responsibility Program were invalid and unauthorized by law and he permanently enjoined the defendant from assessing those fees. The defendant appealed.
On August 19, 2004, the Court of Appeals for the Commonwealth Of Massachusetts (Judge Cowin) affirmed the Superior Court's order granting injunctive relief.
We have no further information on this matter.
Summary Authors
Dan Dalton (2/8/2007)
Cowin, William I. (Massachusetts)
Keeton, Robert Ernest (Massachusetts)
Costanza, Peter (Massachusetts)
Assad, Bruce A. (Massachusetts)
Corrigan, Joseph W. (Massachusetts)
Cowin, William I. (Massachusetts)
Keeton, Robert Ernest (Massachusetts)
Moses, Richard T. (Massachusetts)
Last updated Aug. 30, 2023, 2:29 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
Key Dates
Filing Date: Aug. 28, 2002
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Inmates either serving sentences or awaiting trial at the Bristol County Jail or Bristol County House of Correction.
Public Interest Lawyer: Unknown
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Bristol County Jail and House of Correction (inst/juris) (Bristol), County
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 2004 - None
Issues
Type of Facility: