HAVERTY v. COMMISSIONER OF CORRECTION


440 Mass. 1 (2003)

WILLIAM HAVERTY & others vs. COMMISSIONER OF CORRECTION & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 8, 2003.


Attorney(s) appearing for the Case

William D. Saltzman for the defendants.

Phillip Kassel for the plaintiffs.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


SPINA, J.

This case was before us previously on the appeal of the Commissioner of Correction and the Superintendent of the Massachusetts Correctional Institution at Cedar Junction (collectively, the commissioner) from a separate and final judgment under Mass. R. Civ. P. 54 (b), 365 Mass. 820 (1974), after a judge in the Superior Court allowed the plaintiffs' motion for summary judgment on their due process claim. The judge enjoined the commissioner from confining...

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