Bompastore v. DuBois

Plaintiff Darrell Bompastore (“Bompastore”) brought this action for declaratory and injunctive relief, seeking that his pre-escape and post-escape state prison sentences be considered to have rim concurrently, and that he be released from prison. This court granted a preliminary injunction releasing Bompastore pending further proceedings. Bompastore and defendant Larry DuBois, Commissioner of the Massachusetts Department of Correction (the “Commissioner”), filed cross-motions for summary judgment under Mass.R.Civ.P. 56(c). For the reasons discussed below, Bompastore’s motion is ALLOWED and…