M. C. v. Commissioner of Correction

The plaintiff sought a declaration that G. L. c. 127, §§ 83A, 83B, and 129C (1984 ed.), violated art. 1 of the Declaration of Rights of the Massachusetts Constitution, as amended by art. 106 of the Amendments (Equal Rights Amendment). A Superior Court judge ruled that G. L. c. 127, §§ 83A and 83B, were unconstitutional on their face, but upheld the constitutionality of G. L. c. 127, § 129C. The judge also allowed the plaintiff’s motion for attorney’s fees and costs, but did not allow the full amount of fees and costs sought by the plaintiff. The defendant appealed and the plaintiff cross…