Filed Date: 2003
Closed Date: 2008
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Note: The limited information we have about this case came from newsletters from Prisoners Legal Services Massachusetts. We do not have any court filings available.
In 2003, prisoners in the Massachusetts state prison system filed this lawsuit in the Massachusetts state court system against the Massachusetts Department of Corrections (DOC). The plaintiffs, represented by Massachusetts Correctional Legal Services (MCLS, now known as Prisoners' Legal Services of Massachusetts) asked the court for an injunction against the Department of Correction's practice of denying prisoners on mental health watch from receiving legal visits, or making or receiving phone calls or sending or receiving mail related to legal issues, or otherwise contacting attorneys. Both the plaintiffs and the defendant filed motions for summary judgment.
On May 27, 2005, the Court enjoined the DOC from preventing a person held on mental health watch from meeting with their attorney for more than 72 hours, and ordered further hearings to determine whether the injunction should become permanent.
In spring 2008, the DOC agreed to develop regulations following the Court's injunction. DOC procedure under 103 Code of Massachusetts Regulations 650 was updated to require attorneys seeking to visit their clients who are on mental health watch to transmit a written request for attorney visit. Then, the attorney would be allowed to visit a prisoner on "eyeball watch" within 72 hours, and all other prisoners within 36 hours. Following the agreement, DOC successfully moved for summary judgment on mootness grounds, and paid $15,000 in attorney's fees.
Summary Authors
Margo Schlanger (6/25/2007)
Kate Craddock (11/20/2015)
Last updated April 2, 2024, 3:12 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: 2003
Closing Date: 2008
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs are prisoners in the Massachusetts state prison system on mental health watch
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Unknown
Defendants
Massachusetts Department of Corrections, State
Defendant Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Amount Defendant Pays: $15,000
Content of Injunction:
Issues
General:
Access to lawyers or judicial system
Jails, Prisons, Detention Centers, and Other Institutions:
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: