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NEWELL v. DEPARTMENT OF MENTAL RETARDATION

446 Mass. 286 (2006)

LOUIS NEWELL v. DEPARTMENT OF MENTAL RETARDATION.

Supreme Court of Massachusetts, Middlesex.

March 20, 2006.

Attorney(s) appearing for the Case

Daniel S. Sharp (Elaine Whitfield Sharp with him) for the plaintiff.

Ronald F. Kehoe, Assistant Attorney General (Jacquelyn Berman with him) for the defendant.

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

MARSHALL, C.J.

In Buckhannon Bd. & Care Home, Inc. v. West Virginia Dep't of Health & Human Resources, 532 U.S. 598, 600 (2001) (Buckhannon), the United States Supreme Court ruled that "a party that has failed to secure a judgment on the merits or a court-ordered consent decree, but has nonetheless achieved the desired result because the lawsuit brought about a voluntary change in the defendant's conduct...

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