FOSTER v. COMMISSIONER OF CORRECTION

SJC-12935.

484 Mass. 698 (2020)

STEPHEN FOSTER & others v. COMMISSIONER OF CORRECTION & others (No. 1).

Supreme Judicial Court of Massachusetts, Suffolk.

June 2, 2020.


Attorney(s) appearing for the Case

James R. Pingeon for the plaintiffs.

Stephen G. Dietrick for Commissioner of Correction & another.

Ryan P. McManus , Special Assistant Attorney General, for the Governor.

Michael R. Byrne for the parole board.

The following submitted briefs for amici curiae:

Tatum A. Pritchard for Disability Law Center, Inc.

Rachael Rollins , District Attorney for the Suffolk District, & Hon. Jon Santiago, pro se.

Matthew R. Segal for American Civil Liberties Union of Massachusetts & another.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.


The plaintiffs, incarcerated inmates serving sentences or individuals who are civilly committed under G. L. c. 123, § 35, commenced this class action in the county court, alleging that their conditions of confinement expose them to unreasonable risks from the COVID-19 pandemic. They claim...

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