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JUDGE ROTENBERG EDUCATIONAL CENTER, INC. v. COMMISSIONER OF THE DEPARTMENT OF DEVELOPMENTAL SERVICES

SJC-13298.

492 Mass. 772 (2023)

JUDGE ROTENBERG EDUCATIONAL CENTER, INC., & others. v. COMMISSIONER OF THE DEPARTMENT OF DEVELOPMENTAL SERVICES & another.

Supreme Judicial Court of Massachusetts, Bristol.

September 7, 2023.

Attorney(s) appearing for the Case

Timothy J. Casey , Assistant Attorney General ( Christine Fimognari , Assistant Attorney General, also present) for the defendants.

Max D. Stern ( Joseph M. Cacace , Alexandra H. Deal , & C. Michele Dorsey also present) for Leo Soucy & others.

Michael P. Flammia ( Christian B.W. Stephens , Matthew D. Rodgers , & Trevin C. Schmidt also present) for Judge Rotenberg Educational Center, Inc.

Kathryn Rucker , Mona Igram , Steven J. Schwartz , & Richard M. Glassman , for The Arc of Massachusetts & others, amici curiae, submitted a brief.

Felicia H. Ellsworth & Charles C. Kelsh , for American Academy of Pediatrics & others, amici curiae, submitted a brief.

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

The instant appeal concerns a long-standing controversy over the treatment and welfare of a particularly vulnerable population living within our Commonwealth. These individuals suffer from severe developmental and intellectual disabilities that, left untreated, cause them to engage in grievous self-harm, maiming, and other life-threatening...

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