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FOSTER v. COMMISSIONER OF CORRECTION

SJC-12935.

484 Mass. 1059 (2020)

STEPHEN FOSTER & others, v. COMMISSIONER OF CORRECTION & others (No. 2).

Supreme Judicial Court of Massachusetts.

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.

Rescript

In Foster v. Commissioner of Correction (No. 1), 484 Mass. 698 (2020) (Foster [No. 1]), we denied the plaintiffs' motion for a preliminary injunction and transferred the case to the Superior Court for a final adjudication on the merits. In this opinion, we address the motions brought by the Governor and the chair of the parole board (parole board) to dismiss the claims against them. For the reasons that follow, we allow the Governor's motion...

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