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HOFFER v. COMMISSIONER OF CORRECTION

397 Mass. 152 (1986)

490 N.E.2d 417

CARL A. HOFFER & others vs. COMMISSIONER OF CORRECTION.

Supreme Judicial Court of Massachusetts, Suffolk.

March 20, 1986.

Attorney(s) appearing for the Case

Freda K. Fishman (John W. Bishop, Jr., Special Assistant Attorney General, with her) for the Commissioner of Correction.

Gerard J. Clark for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, & NOLAN, JJ.

WILKINS, J.

The Commissioner of Correction (commissioner) challenges portions of injunctions issued by a single justice of this court as impermissible judicial interference with his properly exercised executive authority. Specifically, the commissioner asks us to revoke an order that bars him and other employees of the Department of Correction (department) from withdrawing, without prior court approval, the right of staff attorneys and a paralegal of Massachusetts...

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