On November 20, 1974, prisoners of the commonwealth of Massachusetts filed a class action lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the Supreme Judicial Court of Massachusetts. The plaintiffs, represented by the Massachusetts Correctional Legal Services, alleged that their civil rights had been violated by the conditions of their protective custody in the prisons, which included very little exercise, no work program, restricted bathing opportunities, and no substantial opportunity to mingle or take meals with other prisoners.

On April 5, 1977, the Supreme Judicial Court of Massachusetts (Judge Kaplan) entered judgment for the plaintiffs, specifying that reasonable protective custody required safe confinement, opportunity to associate with other prisoners, access to recreational and religious facilities, and opportunities for study, work, exercise, and proper medical care. The defendants appealed this decision.

On February 6, 1978, the Supreme Judicial Court of Massachusetts (Judge Hennessey, Judge Braucher, Judge Wilkins, Judge Liacos, and Judge Abrams) affirmed the previous judgment in the case. Blaney v. Commissioner of Correction, 372 N.E.2d 770 (Mass. 1978).

On March 15, 1980, the parties entered into a settlement agreement, which they modified in June 1980. The modified agreement stated that protective custody inmates would be entitled to the same standard of treatment given to inmates in the general population. It also stated that these inmates were to be given at least five hours per day of "meaningful activity," one hour of exercise per day, jobs, counseling, library privileges, religious services, visitation, and a classification review each six months. We have no further information on the proceedings in this case.

Kristen Sagar - 02/12/2007


compress summary