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STOKES v. FAIR

No. 85-1990.

795 F.2d 235 (1986)

Ronald A.X. STOKES, Plaintiff, Appellee, v. Michael V. FAIR, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 16, 1986.

Attorney(s) appearing for the Case

William D. Luzier, Jr., Asst. Atty. Gen., with whom Francis X. Bellotti, Atty. Gen., Frederick W. Riley, Asst. Atty. Gen., Chief, Criminal Bureau, and Barbara A.H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Div., Boston, Mass., were on brief, for defendants, appellants.

Martin J. Newhouse, with whom John C. Bartenstein and Ropes & Gray, Boston, Mass., were on brief, for plaintiff, appellee.

Before COFFIN and TORRUELLA, Circuit Judges, and MALETZ, Senior Judge.

TORRUELLA, Circuit Judge.

This case is before us on appeal from a summary judgment concluding that the "awaiting action status" detention regulations of the Massachusetts Department of Corrections, 103 CMR 430.19 and 103 CMR 420.13(2)(b), create a liberty interest protected by the Due Process Clause of the Fourteenth Amendment. It was alleged that Stokes, an inmate in the Massachusetts prisons, had been confined in the segregated confinement status on several occasions...

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