BLAKE v. COMMISSIONER OF CORRECTION


390 Mass. 537 (1983)

457 N.E.2d 281

ALBERT BLAKE & others vs. COMMISSIONER OF CORRECTION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 6, 1983.


Attorney(s) appearing for the Case

William D. Luzier, Jr., Assistant Attorney General, for the defendants.

Barry Barkow (Judith A. Stalus with him) for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & O'CONNOR, JJ.


WILKINS, J.

We agree with the determination of a judge of the Superior Court that, under regulations of the Department of Correction (department), an inmate in a Massachusetts correctional institution may not lawfully be transferred to a Federal correctional institution in another State unless the department has first afforded the inmate the procedural rights set forth in the department's regulations concerning the reclassification...

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