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HAVERTY v. COMMISSIONER OF CORRECTION

437 Mass. 737 (2002)

WILLIAM HAVERTY & others v. COMMISSIONER OF CORRECTION & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

October 10, 2002.

Attorney(s) appearing for the Case

Joel J. Berner for the defendants.

Phillip Kassel for the plaintiffs.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

This appeal presents, in yet another form, the chronic controversy generated by the tension between efforts by the Commissioner of Correction (commissioner) to manage our prison system, and claims by prisoners for protection from alleged violations of their constitutional and statutory rights.4 This clash also arises, as here, in efforts to reconcile the interests served by punishment...

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