Case: Jordan v. DuBois

No. 96-237 | Massachusetts state trial court

Filed Date: Jan. 16, 1996

Closed Date: 1999

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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 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 …

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.

Summary Authors

Kristen Sagar (3/28/2006)

People


Judge(s)

Brassard, Raymond J. (Massachusetts)

Judge(s)

Brassard, Raymond J. (Massachusetts)

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Documents in the Clearinghouse

Document

No. 96-237

Memorandum of Decision and Order on Defendants' Motion to Dismiss and Plaintiff's Cross Motion for Summary Judgment

May 3, 1999

May 3, 1999

Order/Opinion

10 Mass. L. Rptr. 10

No. 96-237

Memorandum of Decision and Order on Plaintiff's Motion for Transcripts and Plaintiff's Motion for Reconsideration

June 1, 1999

June 1, 1999

Order/Opinion

1999 WL 1999

Docket

Last updated Aug. 30, 2023, 3:28 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 16, 1996

Closing Date: 1999

Case Ongoing: No

Plaintiffs

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

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Massachusetts Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1997 - 1997

Issues

General:

Disciplinary procedures

Type of Facility:

Government-run