University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Doe v. Patrick CJ-MA-0001
Docket / Court Case 1:14-cv-12813-JCB ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Criminal Justice (Other)
Prison Conditions
Attorney Organization ACLU Chapters (any)
Case Summary
On June 30, 2014, women civilly committed under Chapter 123, section 35 of Massachusetts law, to the Massachusetts Correctional Institution at Framingham filed a lawsuit in U.S. District Court in the District of Massachusetts under 42 U.S.C § 1983 and the Americans with Disabilities Act against ... read more >
On June 30, 2014, women civilly committed under Chapter 123, section 35 of Massachusetts law, to the Massachusetts Correctional Institution at Framingham filed a lawsuit in U.S. District Court in the District of Massachusetts under 42 U.S.C § 1983 and the Americans with Disabilities Act against the Massachusetts Department of Correction. The plaintiffs, represented by Prisoners Legal Services Inc., the ACLU of Massachusetts, and private counsel, asked the court for a preliminary and permanent injunction preventing the Massachusetts Department of Correction from placing women civilly committed solely under section 35 in the Massachusetts Correctional Institution at Framingham instead of an in-patient treatment facility.

The plaintiffs were civilly committed because of drug and alcohol dependence. They sought class certification alleging that the Department of Corrections violated the Americans with Disabilities Act since they were committed to the Massachusetts Correctional Institution at Framingham with criminal inmates and without the facilities necessary for proper treatment of their disorders.

On August 12, 2014, the Court (Judge Douglas P. Woodcock) granted plaintiff’s Motion to Amend Motion to Certify Class. In that motion, plaintiffs named the class to be represented as “All women who are now or will be civilly held at MCI-Framingham based solely on an order under Massachusetts General Laws Chapter 123, Section 35. On January 13, 2015, plaintiff’s motion to certify class was granted. Plaintiffs then filed an amended complaint on January 27, 2015 to include the complaints of seven other “Jane Does” and to drop allegations of violations of parts of the Constitution of the Commonwealth of Massachusetts.

No significant progress has been made since then. As of February 2016, the case is still in discovery.

Steve Vnuk - 09/25/2014
Frances Hollander - 02/21/2016


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Due Process
Defendant-type
Corrections
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Commitment procedure
Conditions of confinement
Over/Unlawful Detention
Placement in detention facilities
Rehabilitation
Strip search policy
Medical/Mental Health
Mental health care, general
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Ex parte Young (federal or state officials)
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
State law
Defendant(s) Massachusetts Department of Correction
State of Massachusetts
Plaintiff Description Women civilly committed under section 35 to Massachusetts Correctional Institution at Framingham.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
1:14-cv-12813 (D. Mass.) 09/01/2015
CJ-MA-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 06/30/2014
CJ-MA-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 01/27/2015
CJ-MA-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Woodlock, Douglas Preston (D. Mass.)
CJ-MA-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fleischner, Robert D. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Lee, William F. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Miller, Samuel Rand (New York)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Pingeon, James R. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Pirozzolo, Lisa J. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Rossman, Jessie J. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Segal, Matthew (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Staub, Sandra J. (Connecticut)
CJ-MA-0001-9000
Tenneriello, Bonita (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Thompson, Sean K. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Defendant's Lawyers Bertram, Bryan F (Massachusetts)
CJ-MA-0001-9000
Cohen, Michael H. (Massachusetts)
CJ-MA-0001-9000
D'Angelo, Dennis N (Massachusetts)
CJ-MA-0001-9000
Lee, Kenneth Y (Massachusetts)
CJ-MA-0001-9000
Saltzman, William D (Massachusetts)
CJ-MA-0001-9000
Stephan, John Michael (Massachusetts)
CJ-MA-0001-9000
Other Lawyers None on record

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