University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Cohen v. DiPaolo PC-MA-0005
Docket / Court Civ. A. No. 93-7314-B ( State Court )
State/Territory Massachusetts
Case Type(s) Prison Conditions
Case Summary
On December 29, 1993, inmates at the Massachusetts Correctional Institution at Concord filed a class action lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the Superior Court of Massachusetts, Suffolk County. The plaintiffs alleged that their constitutional ... read more >
On December 29, 1993, inmates at the Massachusetts Correctional Institution at Concord filed a class action lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the Superior Court of Massachusetts, Suffolk County. The plaintiffs alleged that their constitutional rights had been violated by the institution's extreme overcrowding, inadequate facilities, and inadequate provisions of clothing.

On July 13, 1995, the Superior Court of Massachusetts (Judge Patrick J. King) certified two classes of plaintiffs in the lawsuit (a class of all present and future pretrial detainees and a class of all present and future prisoners who are not pre-trial detainees) and granted the plaintiffs' preliminary injunctions. Cohen v. DiPaolo 1995 WL 419942 (Mass.Super. July 13, 1995). The court scheduled a status conference on September 21, 1995 to discuss completion of discovery in the case and to set a trial date. We have no further information on the proceedings of this case.

Kristen Sagar - 07/10/2007


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
Crowding
Crowding / caseload
General
Sanitation / living conditions
Totality of conditions
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) None on record
Plaintiff Description two classes of plaintiffs in the lawsuit - a class of all present and future pretrial detainees and a class of all present and future prisoners who are not pre-trial detainees
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Preliminary injunction / Temp. restraining order
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
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
Memorandum of Decision and Order on Plaintiffs' Motion for Class Certification and Plaintiffs' Motion for Preliminary Injunction 07/13/1995 (1995 WL 419942)
PC-MA-0005-0001 PDF | WESTLAW | Detail
Judges King, Patrick J. (State Trial Court)
PC-MA-0005-0001
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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