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Case Name Jordan v. DuBois PC-MA-0015
Docket / Court No. 96-237 ( State Court )
State/Territory Massachusetts
Case Type(s) Prison Conditions
Case Summary
On January 16, 1996, an inmate at the Massachusetts Correctional Institution filed a lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the Massachusetts Superior Court in Suffolk County Massachusetts. The plaintiff alleged that his constitutional rights had ... read more >
On January 16, 1996, an inmate at the Massachusetts Correctional Institution filed a lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the Massachusetts Superior Court in Suffolk County Massachusetts. The plaintiff alleged that his constitutional rights had been violated at a prison disciplinary hearing where the disciplinary board failed to provide him with an investigative summary of the evidence against him before the hearing took place. The board found him guilty and deprived him of statutory good time credits as a punishment for disseminating printed materials that harassed people outside the prison.

On August 6, 1997, the Massachusetts Superior Court (Judge Stephen Neel) vacated the disciplinary board's finding and sanction, holding that the plaintiff's due process rights had been violated because he had not been provided with an investigative summary prior to the disciplinary hearing.

The prison scheduled a new disciplinary hearing, and the plaintiff asked the board to postpone it so that he could get the money to pay a lawyer to represent him. On September 11, 1997, the disciplinary board denied the request, held the hearing, and reinstated the original sanction. The plaintiff asked the Massachusetts Superior Court (Judge Neel) to enjoin the defendants from imposing the sanctions.

The defendant asked the Massachusetts Superior Court to dismiss the case, and on May 3, 1999, the court (Judge Raymond Brassard) granted the defendant's request. Jordan v. DuBois, 1999 WL 317344 (Mass.Super., May 3, 1999).

The plaintiff subsequently asked the court to provide him with copies of transcripts from certain hearings held during the pendancy of this action. On June 1, 1999, the court (Judge Brassard) denied the request. Jordan v. DuBois, 1999 WL 515561 (Mass.Super., June 1, 1999). We have no further information on the proceedings in this case.

Kristen Sagar - 03/28/2006


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Issues and Causes of Action
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Issues
General
Disciplinary procedures
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Massachusetts Department of Corrections
Plaintiff Description Prisoner in the custody of the Massachusetts Department of Correction challenging a disciplinary rehearing and sanctions received in relation to a disciplinary report
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1997 - 1997
Case Closing Year 1999
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
Memorandum of Decision and Order on Defendants' Motion to Dismiss and Plaintiff's Cross Motion for Summary Judgment 05/03/1999 (10 Mass. L. Rptr. 25)
PC-MA-0015-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Memorandum of Decision and Order on Plaintiff's Motion for Transcripts and Plaintiff's Motion for Reconsideration 06/01/1999 (1999 WL 515561 / 1999 Mass.Super.LEXIS 242)
PC-MA-0015-0001 PDF | WESTLAW| LEXIS | Detail
Judges Brassard, Raymond J. (State Trial Court)
PC-MA-0015-0001 | PC-MA-0015-0002
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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