Filed Date: Jan. 16, 1996
Closed Date: 1999
Clearinghouse coding complete
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)
Brassard, Raymond J. (Massachusetts)
Brassard, Raymond J. (Massachusetts)
Last updated Aug. 30, 2023, 3:28 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
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):
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:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1997 - 1997
Issues
General:
Type of Facility: