The Behavioral Research Institute (BRI), now know as the Judge Rotenberg Educational Center, is a Massachusetts based residential care facility for children and young adults with severe autism associated with behavioral problems. BRI is known for its use of negative reinforcement also known as aversive treatments, such as electric shock therapies, to disincentives undesirable behavior. As a result of its use of aversive treatments, BRI has been controversial and the subject of several law suits. This case, along with ID-MA-0002 and ID-MA-0004, are some of the cases brought surrounding various issues related to BRI.

Two wards with disabilities housed at BRI filed a lawsuit in the Probate and Family Court of Bristol County, Massachusetts petitioning the Court for a writ of habeas corpus. The petitioners claimed that they were being unjustly deprived of their liberty without due process of law in violation of state statutes. The petitioners requested that they be placed somewhere other than BRI. The Probate and Family Court denied the petition for habeas corpus and the petitioners appealed.

On December 15, 1992, the Supreme Judicial Court of Massachusetts upheld the decision of the Probate and Family court to deny the petitions for habeas corpus. The Court held that the petitions failed because habeas corpus is not a means of requesting alternative placements but rather is to contest unjust restraint on liberty. Since the petitioners were merely requesting an alternative placement and were not contesting their general restraint on liberty or any underlying decisions, the petitions were denied. Petition of Kaufman 413 Mass 1010 (1992).

Brian Kempfer - 09/25/2014


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