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Case Name Doe v. Patrick CJ-MA-0001
Docket / Court 1:14-cv-12813-DPW ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Criminal Justice (Other)
Prison Conditions
Attorney Organization ACLU Chapters (any)
Case Summary
On June 30, 2014, women civilly committed under Chapter 123, section 35 of Massachusetts law, to the Massachusetts Correctional Institution at Framingham filed a lawsuit in U.S. District Court in the District of Massachusetts under 42 U.S.C § 1983 and the Americans with Disabilities Act against ... read more >
On June 30, 2014, women civilly committed under Chapter 123, section 35 of Massachusetts law, to the Massachusetts Correctional Institution at Framingham filed a lawsuit in U.S. District Court in the District of Massachusetts under 42 U.S.C § 1983 and the Americans with Disabilities Act against the Massachusetts Department of Correction. The plaintiffs, represented by Prisoners Legal Services Inc., the ACLU of Massachusetts, and private counsel, asked the court for a preliminary and permanent injunction preventing the Massachusetts Department of Correction from placing women civilly committed solely under section 35 in the Massachusetts Correctional Institution at Framingham instead of an in-patient treatment facility.

The plaintiffs were civilly committed because of drug and alcohol dependence. They sought class certification alleging that the Department of Corrections violated the Americans with Disabilities Act since they were committed to the Massachusetts Correctional Institution at Framingham with criminal inmates and without the facilities necessary for proper treatment of their disorders.

On August 12, 2014, the Court (Judge Douglas P. Woodcock) granted plaintiff’s Motion to Amend Motion to Certify Class. In that motion, plaintiffs named the class to be represented as “All women who are now or will be civilly held at MCI-Framingham based solely on an order under Massachusetts General Laws Chapter 123, Section 35. On January 13, 2015, plaintiff’s motion to certify class was granted. Plaintiffs then filed an amended complaint on January 27, 2015 to include the complaints of seven other “Jane Does” and to drop allegations of violations of parts of the Constitution of the Commonwealth of Massachusetts.

On January 21, 2016 the Massachusetts legislature passed a bill to amend Section 35 practices. Four days later, Governor Baker signed the bill into law, enacting the Women's Recovery from Addictions Program. The law provided civilly committed women with alternative treatment options outside of prison.

On May 2 that year, the defendants filed a 12(b)(1) motion to dismiss for lack of jurisdiction. The motion alleged the case was moot and that the controversy and class no longer existed. On June 10, the court denied the motion to dismiss on the basis that the court was not in the position to determine mootness because the plaintiff requested injunctive relief. The court suggested the plaintiffs amend their complaint again to request declaratory judgment as the preferred remedy.

On July 15, the plaintiffs submitted a reply to the court's order to amend and expressed an intention to file a motion for summary judgment based on the amended statute. However, the case has been inactive. Although there was no formal dismissal on teh docket, the case appears closed. It had been renamed to Doe v. Baker according to the ACLU website at some point.

Steve Vnuk - 09/25/2014
Frances Hollander - 02/21/2016
Chelsea Rinnig - 02/14/2018


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Due Process
Defendant-type
Corrections
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Commitment procedure
Conditions of confinement
Over/Unlawful Detention
Placement in detention facilities
Rehabilitation
Strip search policy
Medical/Mental Health
Mental health care, general
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Ex parte Young (federal or state officials)
State law
Defendant(s) Massachusetts Department of Correction
State of Massachusetts
Plaintiff Description Women civilly committed under section 35 to Massachusetts Correctional Institution at Framingham.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought Yes
Class action status granted Yes
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
Date: Spring 2008
By: Margo Schlanger (Washington University in St. Louis Faculty)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:14-cv-12813 (D. Mass.)
CJ-MA-0001-9000.pdf | Detail
Date: 08/19/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
CJ-MA-0001-0001.pdf | Detail
Date: 06/30/2014
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 54]
CJ-MA-0001-0002.pdf | Detail
Date: 01/27/2015
Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss Case as Moot Under Fed. R. Civ. P. 12(b)(1) [ECF# 86]
CJ-MA-0001-0003.pdf | Detail
Date: 05/02/2016
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Response to the Court's June 13th Docket Entry [ECF# 94]
CJ-MA-0001-0004.pdf | Detail
Date: 06/24/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Woodlock, Douglas Preston (D. Mass.)
CJ-MA-0001-9000
Plaintiff's Lawyers Fleischner, Robert D. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Lee, William F. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-0004 | CJ-MA-0001-9000
Miller, Samuel Rand (New York)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Pingeon, James R. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Pirozzolo, Lisa J. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-0004 | CJ-MA-0001-9000
Rossman, Jessie J. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-0004 | CJ-MA-0001-9000
Segal, Matthew (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-0004 | CJ-MA-0001-9000
Staub, Sandra J. (Connecticut)
CJ-MA-0001-9000
Tenneriello, Bonita (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Thompson, Sean K. (Massachusetts)
CJ-MA-0001-0001 | CJ-MA-0001-0002 | CJ-MA-0001-9000
Defendant's Lawyers Bertram, Bryan F (Massachusetts)
CJ-MA-0001-0003 | CJ-MA-0001-9000
Cohen, Michael H. (Massachusetts)
CJ-MA-0001-9000
D'Angelo, Dennis N (Massachusetts)
CJ-MA-0001-9000
Healey, Maura T. (Massachusetts)
CJ-MA-0001-0003
Lee, Kenneth Y (Massachusetts)
CJ-MA-0001-9000
Saltzman, William D (Massachusetts)
CJ-MA-0001-9000
Stephan, John Michael (Massachusetts)
CJ-MA-0001-9000

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