So much of the judgment as dismissed count I of the amended complaint is vacated. The judgment shall be modified as to count I to declare that, as to the plaintiffs, the department violated 105 Code Mass. Regs. § 451.210, 103 Code Mass. Regs. § 974.09, and 103 DOC Policy § 755.03(1), and the department shall provide the plaintiffs with climatically suitable winter clothing consistent with the memorandum and order of the Appeals Court. As so modified, the judgment...
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