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MA DOC Violated Prisoner's Right to Freedom of Expression
The Superior Court of Massachusetts held that a prisoner's due process
rights and rights to freedom of expression and to petition the government
were violated. A prisoner wrote a letter to the Secretary of Public Safety
asking her to intervene over a dispute about confiscation of the
prisoner's property, and included supporting court cases. Under
the "Grandfather Clause" contained within the DOC's property policy,
prisoners were allowed to possess certain property that was banned in the
new property policy. A Supreme Court ruling in another prisoner's case
allowed the DOC to invalidate the "Grandfather Clause."
In the letter to the Secretary of Public Safety the prisoner stated that
failure to act could jeopardize the safety and well-being of guards and
prisoners. The Secretary and the DOC deemed this letter to be threatening,
and disciplined the prisoner through segregation, transfer to a higher
security unit and forfeiture of fifty days of statutory good time credit.
The court ruled that the DOC did not investigate beyond the letter, which
lacked evidence to support the disciplinary board's findings. The court
vacated the disciplinary report and ordered all sanctions stemming from
that report to be lifted. The court granted cross-motions for summary
judgment in part and denied them in part. See: LeMay v. Dubois, 1998 WL
151174 (Mass. Super.).
rights and rights to freedom of expression and to petition the government
were violated. A prisoner wrote a letter to the Secretary of Public Safety
asking her to intervene over a dispute about confiscation of the
prisoner's property, and included supporting court cases. Under
the "Grandfather Clause" contained within the DOC's property policy,
prisoners were allowed to possess certain property that was banned in the
new property policy. A Supreme Court ruling in another prisoner's case
allowed the DOC to invalidate the "Grandfather Clause."
In the letter to the Secretary of Public Safety the prisoner stated that
failure to act could jeopardize the safety and well-being of guards and
prisoners. The Secretary and the DOC deemed this letter to be threatening,
and disciplined the prisoner through segregation, transfer to a higher
security unit and forfeiture of fifty days of statutory good time credit.
The court ruled that the DOC did not investigate beyond the letter, which
lacked evidence to support the disciplinary board's findings. The court
vacated the disciplinary report and ordered all sanctions stemming from
that report to be lifted. The court granted cross-motions for summary
judgment in part and denied them in part. See: LeMay v. Dubois, 1998 WL
151174 (Mass. Super.).
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Related legal case
LeMay v. Dubois
| Year | 1998 |
|---|---|
| Cite | 1998 WL 151174 (Mass. Super). |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | Granted |