Case: Stone v. Boone

1:73-cv-01083 | U.S. District Court for the District of Massachusetts

Filed Date: April 9, 1973

Closed Date: March 13, 2014

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Case Summary

In October 1974, prisoners at the Massachusetts Correctional Institution in Walpole, Massachusetts, filed a lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the U.S. District Court for the District of Massachusetts. The prisoners alleged that their constitutional rights had been violated by a lack of books in the law library at the prison. A consent decree was issued for the creation of a law library. On December 14, 2006, plaintiff Andrew Kilburn in place…

On December 14, 2006, plaintiff Andrew Kilburn in place of the deceased, Julian Stone brought a pro se suit for contempt of the 1974 order. On April 10, 2007, Judge Joseph L. Tauro held that there was no contempt of the order and dismissed.

Charles E. Kaine was then substituted as plaintiff and filed a complaint for enforcement of the 1974 consent decree on September 10, 2008. On January 31, 2014, the defendants made a motion to terminate the consent decree. In dispute was an update of materials to an electronic database. Judge Tauro found for the defendants and terminated the consent decree. He found the consent decree no longer equitable under 60(b)(5) due to the changing circumstances in the reference market and the availability of creating electronic databases.

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Summary Authors

Kristen Sagar (3/31/2006)

Brent Winslow (11/7/2016)

People

Judge(s)

Tauro, Joseph Louis (Massachusetts)

Expert/Monitor/Master/Other

Rentsch, David J (Massachusetts)

Judge(s)

Tauro, Joseph Louis (Massachusetts)

Expert/Monitor/Master/Other

Rentsch, David J (Massachusetts)

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Documents in the Clearinghouse

	Document
1:73-cv-01083	Docket	March 13, 2014	March 13, 2014 Docket
1 1:73-cv-01083	Complaint Stone et al v. Boone	Dec. 14, 2006	Dec. 14, 2006 Complaint
8 1:73-cv-01083	Order Stone et al v. Boone	April 10, 2007	April 10, 2007 Order/Opinion
11 1:73-cv-01083	Complaint Stone et al v. Boone	Sept. 10, 2008	Sept. 10, 2008 Complaint
18 1:73-cv-01083	Order Stone et al v. Boone	March 13, 2014	March 13, 2014 Order/Opinion

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Docket

Last updated March 22, 2024, 3:08 a.m.

ECF Number	Description	Date	Link Date / Link
1	MOTION for Contempt For the Defendants Violation of the "Consent Decree" Ordered by this Court on 10/10/1974 by Andrew W. Kilburn. (Attachments: # 1 Exhibit)(Abaid, Kim) (Entered: 12/20/2006)	Dec. 14, 2006	Dec. 14, 2006
	Civil Case Terminated. (Abaid, Kim) (Entered: 01/18/2007)	Dec. 14, 2006	Dec. 14, 2006
2	Judge Joseph L. Tauro : PROCEDURAL ORDER entered. The clerk shall serve the defendants by mailing a copy of Kilburn's motion, by first class mail, to (1) Attorney General Martha Coakley, McCormack Building, One Ashburton Place, Boston, MA 02108; and (2) Nancy White, General Counsel, Department of Correction Legal Division, 70 Franklin Street, 6th Floor, Boston, MA 02110. The Commonwealth shall file a reply and/or opposition within fourteen days of the service of Kilburn's motion.(PSSA, 4) (Entered: 03/07/2007)	March 6, 2007	March 6, 2007
3	NOTICE of Appearance by David J. Rentsch on behalf of Kathleen M. Dennehy (Rentsch, David) (Entered: 03/21/2007)	March 21, 2007	March 21, 2007
4	MOTION for exemption from LR 7.1(A)(2) by Kathleen M. Dennehy.(Rentsch, David) (Entered: 03/21/2007)	March 21, 2007	March 21, 2007
5	MOTION for Extension of Time to 04/13/2007 to File Response/Reply as to 1 MOTION for Contempt by Kathleen M. Dennehy.(Rentsch, David) (Entered: 03/21/2007)	March 21, 2007	March 21, 2007
	Judge Joseph L. Tauro : Electronic ORDER entered granting 4 Motion for Exemption from LR 7.1(A)(2). 5 Motion for Extension of Time to File Response/Reply re 1 MOTION for Contempt Responses due by 4/13/2007. NO FURTHER CONTINUANCES WILL BE ALLOWED. (Abaid, Kim) (Entered: 03/29/2007)	March 29, 2007	March 29, 2007
6	MEMORANDUM in Opposition re 1 MOTION for Contempt filed by Kathleen M. Dennehy. (Rentsch, David) (Entered: 04/05/2007)	April 5, 2007	April 5, 2007
7	AFFIDAVIT of Beverly Veglas re 6 Memorandum in Opposition to Motion by Kathleen M. Dennehy. (Attachments: # 1 Exhibit 1, pt. I# 2 Exhibit 1, pt. II# 3 Exhibit 2)(Rentsch, David) Modified on 4/6/2007 (Abaid, Kim). (Entered: 04/05/2007)	April 5, 2007	April 5, 2007
8	Judge Joseph L. Tauro : ORDER entered 1 Motion for Contempt is DENIED. (Abaid, Kim) (Entered: 04/10/2007)	April 10, 2007	April 10, 2007
9	MOTION for Extension of Time to May 2007 to Respond to the Defendant's Opposition, MOTION for Reconsideration re 8 Order on Motion for Contempt by Julian T. Stone. (Attachments: # 1 Exhibit)(Abaid, Kim) (Entered: 04/20/2007)	April 20, 2007	April 20, 2007
	Judge Joseph L. Tauro : Electronic ORDER entered denying 9 Motion for Extension of Time, denying 9 Motion for Reconsideration (Abaid, Kimberly) (Entered: 05/09/2007)	May 9, 2007	May 9, 2007
10	MOTION to Substitute Parties by Charles E. Caine.(Abaid, Kimberly) (Entered: 09/10/2008)	Sept. 10, 2008	Sept. 10, 2008
11	COMPLAINT for Enforcement of Consent Decree against Harold W. Clarke, John O. Boone, filed by Charles E. Caine. (Attachments: # 1 Exhibits A−V)(Abaid, Kimberly) (Entered: 09/10/2008)	Sept. 10, 2008	Sept. 10, 2008
12	AFFIDAVIT by Charles E. Caine. (Abaid, Kimberly) (Entered: 09/10/2008)	Sept. 10, 2008	Sept. 10, 2008
13	Letter requesting docket sheet from Charles E. Caine, Jr.. (Abaid, Kimberly) (Entered: 09/22/2008)	Sept. 22, 2008	Sept. 22, 2008
	ELECTRONIC NOTICE − All documents filed with the US District Court on 9/10/2008 must be served on the Defendant before they will be considered by the Court for ruling. (Abaid, Kimberly) (Entered: 09/23/2008)	Sept. 23, 2008	Sept. 23, 2008
	DOCKET SHEET sent to Charles Caine, Jr. (Abaid, Kimberly) (Entered: 09/24/2008)	Sept. 24, 2008	Sept. 24, 2008
	Judge Joseph L. Tauro: Electronic ORDER entered 10 Motion to Substitute Party is ALLOWED WITHOUT OPPOSITION. John O. Boone and Julian T. Stone terminated (Abaid, Kimberly) (Entered: 02/23/2009)	Feb. 23, 2009	Feb. 23, 2009
15	MOTION to Alter Judgment and Terminate Consent Decree by Luis Spencer.(Rentsch, David) (Entered: 01/31/2014)	Jan. 31, 2014	Jan. 31, 2014
16	MEMORANDUM in Support re 15 MOTION to Alter Judgment and Terminate Consent Decree filed by Luis Spencer. (Attachments: # 1 Exhibit Consent Decree)(Rentsch, David) (Entered: 01/31/2014)	Jan. 31, 2014	Jan. 31, 2014
17	AFFIDAVIT in Support re 15 MOTION to Alter Judgment and Terminate Consent Decree filed by Luis Spencer. (Attachments: # 1 Exhibit 1)(Rentsch, David) (Entered: 01/31/2014)	Jan. 31, 2014	Jan. 31, 2014
18	Judge Joseph L. Tauro: ORDER entered. For the foregoing reasons, the Commissioners Motion to Terminate Consent Decree 15 is ALLOWED. The consent decree entered on October 10, 1974 is hereby TERMINATED. This case shall remain CLOSED. ( See ORDER for Details ). IT IS SO ORDERED (Geraldino−Karasek, Clarilde) (Entered: 03/13/2014)	March 13, 2014	March 13, 2014