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Case Name Souza v. Hodgson JC-MA-0007
Docket / Court 02-870 ( State Court )
State/Territory Massachusetts
Case Type(s) Jail Conditions
Case Summary
On July 9, 2002 inmates, either serving sentences or awaiting trial at the Bristol County Jail or Bristol County House of Correction, filed this pro se action in the Bristol County Superior Court challenging the validity of cost of care fees, medical care fees, haircut fees and GED fees charged ... read more >
On July 9, 2002 inmates, either serving sentences or awaiting trial at the Bristol County Jail or Bristol County House of Correction, filed this pro se action in the Bristol County Superior Court challenging the validity of cost of care fees, medical care fees, haircut fees and GED fees charged to inmates by Bristol County Sheriff Hodgson pursuant to his Bristol County Inmate Financial Responsibility Program. Plaintiffs obtained private counsel who then filed an amended complaint on August 28,2002, alleging federal and state law causes of action. The defendant removed the case to the U.S. District Court for the District of Massachusetts. Plaintiffs voluntarily dismissed their federal law claims and the case was remanded to the Bristol County Superior Court for resolution of the state claims. Thereafter, both parties moved for summary judgment.

On July 28, 2004, the Superior Court (Judge Richard T. Moses) granted plaintiffs' motion for summary judgment and denied defendants' cross-motion. Judge Moses declared that all fees imposed under the Bristol County Inmate Financial Responsibility Program were invalid and unauthorized by law and he permanently enjoined the defendant from assessing those fees. Defendant appealed.

On August 19, 2004, the Court of Appeals for the Commonwealth Of Massachusetts (Judge Cowin) affirmed the Superior Court's order granting injunctive relief.

We have no further information on this matter.

Dan Dalton - 02/08/2007


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Issues and Causes of Action
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Issues
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) Bristol County Jail and House of Correction (inst/juris)
Plaintiff Description Inmates either serving sentences or awaiting trial at the Bristol County Jail or Bristol County House of Correction.
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 2004 - n/a
Case Ongoing No reason to think so
Docket(s)
1:02-cv-11729-REK (D. Mass.)
JC-MA-0007-9002.pdf | Detail
Date: 08/08/2003
Source: PACER [Public Access to Court Electronic Records]
2004-J-0400 (State Court of Appeals)
JC-MA-0007-9000.pdf | Detail
Date: 08/20/2004
General Documents
Memorandum of Decision and Order on Parties' Cross-Motions for Summary Judgment (2004 WL 5540569)
JC-MA-0007-0001.pdf | WESTLAW | Detail
Date: 07/28/2004
Order
JC-MA-0007-0002.pdf | Detail
Date: 08/19/2004
Judges Cowin, William I. (State Appellate Court)
JC-MA-0007-0002 | JC-MA-0007-9000
Keeton, Robert Ernest (D. Mass.)
JC-MA-0007-9002
Moses, Richard T. (State Supreme Court)
JC-MA-0007-0001
Plaintiff's Lawyers Costanza, Peter (Massachusetts)
JC-MA-0007-9002
Pingeon, James R. (Massachusetts)
JC-MA-0007-9000 | JC-MA-0007-9002
Defendant's Lawyers Assad, Bruce A. (Massachusetts)
JC-MA-0007-9000 | JC-MA-0007-9002
Corrigan, Joseph W. (Massachusetts)
JC-MA-0007-9000
Smith, Gary W (Texas)
JC-MA-0007-9002

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