COMMISSIONER OF CORRECTION v. MYERS


379 Mass. 255 (1979)

399 N.E.2d 452

COMMISSIONER OF CORRECTION & another vs. KENNETH MYERS.

Supreme Judicial Court of Massachusetts, Suffolk.

November 19, 1979.


Attorney(s) appearing for the Case

Robert H. Claridge for the Commissioner of Correction.

Jonathan Brant, Assistant Attorney General, for the Department of Public Health.

Joseph K. Mackey for the defendant.

Ronald B. Schram, John C. Kane, Jr., Daniel T. Roble, & Patrick R. Carroll, for Massachusetts Hospital Association, Inc., amicus curiae, submitted a brief.

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


HENNESSEY, C.J.

This case was reported to the Appeals Court pursuant to G.L.c. 231, § 111, and Mass. R. Civ. P. 64, 365 Mass. 831 (1974), because the judge below found that it raised novel and important questions of law. This court granted the plaintiffs' application for direct appellate review.

We first consider whether certain factual developments render the case moot. We determine that they do not. Thus,...

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