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FOSTER v. COMMISSIONER OF CORRECTION

SJC-13125.

488 Mass. 643 (2021)

STEPHEN FOSTER & others, v. COMMISSIONER OF CORRECTION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 18, 2021.

Attorney(s) appearing for the Case

Bonita P. Tenneriello ( David Milton also present) for the plaintiffs.

Stephen G. Dietrick for Commissioner of Correction & another.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

The plaintiffs, a class of inmates in Department of Correction (DOC) facilities, have brought suit contending that the conditions of their confinement during the COVID-19 pandemic constitute cruel and unusual punishment under the Eighth Amendment to the United States Constitution. In Foster v. Commissioner of Correction (No. 1),

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