University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Stone v. Boone PC-MA-0013
Docket / Court 73-1083 ( D. Mass. )
State/Territory Massachusetts
Case Type(s) Prison Conditions
Case Summary
In October 1974, prisoners at the Massachusetts Correctional Institution in Walpole, Massachusetts, filed a lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the U.S. District Court for the District of Massachusetts. The prisoners alleged that their ... read more >
In October 1974, prisoners at the Massachusetts Correctional Institution in Walpole, Massachusetts, filed a lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the U.S. District Court for the District of Massachusetts. The prisoners alleged that their constitutional rights had been violated by a lack of books in the law library at the prison. A consent decree was issued for the creation of a law library.

On December 14, 2006, plaintiff Andrew Kilburn in place of the deceased, Julian Stone brought a pro se suit for contempt of the 1974 order. On April 10, 2007, Judge Joseph L. Tauro held that there was no contempt of the order and dismissed.

Charles E. Kaine was then substituted as plaintiff and filed a complaint for enforcement of the 1974 consent decree on September 10, 2008. On January 31, 2014, the defendants made a motion to terminate the consent decree. In dispute was an update of materials to an electronic database. Judge Tauro found for the defendants and terminated the consent decree. He found the consent decree no longer equitable under 60(b)(5) due to the changing circumstances in the reference market and the availability of creating electronic databases.

Kristen Sagar - 03/31/2006
Brent Winslow - 11/07/2016


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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
General
Law library access
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Massachusetts Department of Corrections
Plaintiff Description prisoners at the Massachusetts Correctional Institution in Walpole, Massachusetts
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief Declaratory Judgment
Source of Relief Litigation
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Links Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Written: Jun. 04, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

Docket(s)
1:73-cv-01083-JLT (D. Mass.)
PC-MA-0013-9000.pdf | Detail
Date: 03/13/2014
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PC-MA-0013-0001.pdf | Detail
Date: 12/14/2006
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 8] (D. Mass.)
PC-MA-0013-0003.pdf | Detail
Date: 04/10/2007
Source: PACER [Public Access to Court Electronic Records]
Complaint [ECF# 11]
PC-MA-0013-0002.pdf | Detail
Date: 09/10/2008
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 18] (D. Mass.)
PC-MA-0013-0004.pdf | Detail
Date: 03/13/2014
Source: PACER [Public Access to Court Electronic Records]
Judges Tauro, Joseph Louis (D. Mass.)
PC-MA-0013-0003 | PC-MA-0013-0004 | PC-MA-0013-9000
Defendant's Lawyers Rentsch, David J (Massachusetts)
PC-MA-0013-9000

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