Legal Opinion

L.B. v. Comm'r of the Dep't of Developmental Servs.

Massachusetts Appeals Court

Decided January 29, 2018No. 16–P–1328Published

1Opinion of the Court

The plaintiffs appeal from a Superior Court judgment dismissing their lawsuit against the commissioner of the Department of Developmental Services (commissioner or department). Concluding that (1) the plaintiffs have not pleaded sufficient facts to show the impairment of a constitutionally-protected liberty interest or a substantial injury, and (2) 115 Code Mass. Regs. §§ 5.05 (2009) and 5.13 (2011) are not unconstitutionally vague, we affirm.

1. Background. The plaintiffs are caregivers employed by the Judge Rotenberg Educational Center, Inc. (JRC), a private facility licensed by the…

2Cases cited18 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Paul v. DavisSupreme Court of the United States · 1976
  3. Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008
  4. Curtis v. Herb Chambers I-95, Inc.Massachusetts Supreme Judicial Court · 2011
  5. Caswell v. Licensing Commission for BrocktonMassachusetts Supreme Judicial Court · 1983

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