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DIAFARIO v. COMMISSIONER OF CORRECTION

371 Mass. 545 (1976)

358 N.E.2d 426

NICHOLAS DIAFARIO vs. COMMISSIONER OF CORRECTION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 20, 1976.

Attorney(s) appearing for the Case

Margaret Hayman (Anne Hoffman with her) for the plaintiff.

John P. Corbett, Assistant Attorney General, for the Commissioner of Correction & another.

Present: HENNESSEY, C.J., REARDON, QUIRICO, KAPLAN, & WILKINS, JJ.

KAPLAN, J.

While incarcerated at the Massachusetts Correctional Institution at Walpole, the plaintiff on December 13, 1974, brought this action against the defendants, the Commissioner of Correction and the acting superintendent at Walpole, seeking declaratory and consequential injunctive relief that would have resulted in his immediate discharge. The plaintiff's case was that he was being detained unlawfully, beyond his...

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