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MURPHY v. DEPARTMENT OF CORRECTION

429 Mass. 736 (1999)

SEAN MURPHY v. DEPARTMENT OF CORRECTION & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 18, 1999.

Attorney(s) appearing for the Case

Rosemary S. Gale, Assistant Attorney General, for the defendants.

Lawrence M. Friedman (Joshua A. Engel with him) for the plaintiff.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, & IRELAND, JJ.

FRIED, J.

The plaintiff, who is currently incarcerated, brought an action seeking a declaratory judgment that he is not required, under St. 1997, c. 106, § 8, to submit a deoxyribonucleic acid (DNA) sample for inclusion in the State DNA database created by G. L. c. 22E. A judge in the Superior Court entered a declaratory judgment in favor of the plaintiff. The Commonwealth appealed. We transferred the case here on our...

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