On April 9, 1984, a patient at the Massachusetts Treatment Center for Sexually Dangerous Persons filed a pro se lawsuit under 42 U.S.C. §1983 against the Massachusetts Department of Corrections in the U.S. District Court for the District of Massachusetts (Judge Robert E. Keeton). The plaintiff alleged that the Department of Corrections had violated his civil rights by depriving him of his rights to reasonable telephone access, unopened privileged mail, and treatment for his mental problems due to changed classification, and he asked for declaratory and injunctive relief, as well as monetary damages.On December 6, 1990, the U.S. District Court for the District of Massachusetts (Judge Keeton) held that the defendants could not abridge the patient's rights to privileged mail, telephone access, or treatment. The court granted declaratory and injunctive relief, but declined to award damages or attorneys' fees.

The plaintiff appealed the denial of attorneys' fees in the Superior Court of Massachusetts, and the court (Judge John D. Sheehan) ruled that no attorneys' fees were due the plaintiff. That decision was appealed to the Appeals Court of Massachusetts (Judge Dreben), and that court reversed, ruling that the plaintiff was entitled to attorneys' fees. Miller v. Commissioner of Correction, 629 N.E.2d 315 (Mass.App.Ct. 1994). The defendants appealed this decision to the Supreme Judicial Court of Massachusetts (Judge Sherman), and that court declined to hear the appeal. Miller v. Commissioner of Correction, 635 N.E.2d 253 (Mass. 1994). We have no further information on the proceedings in this case.

Kristen Sagar - 03/13/2006


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