Legal Opinion

Roby v. Superintendent

Massachusetts Appeals Court

Decided November 7, 2018No. 16-P-1259Published

1Opinion of the CourtMaldonado, J.

The plaintiff, Randy Roby, is a convicted sex offender currently incarcerated in State prison.2 He argues that in order to enter a sex offender treatment program (SOTP or program) without losing his prison employment, ability to earn good time credits, and preferred housing, he was required to admit guilt to the sexual offenses of which he was convicted. A Superior Court judge granted the defendants' motion to dismiss. We affirm, concluding that Roby has waived all challenges, except his claims under the Fifth Amendment to the United States Constitution and art. 12 of the Massachusetts…

2Cases cited13 opinions

  1. Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
  2. Minnesota v. MurphySupreme Court of the United States · 1984
  3. McKune v. LileSupreme Court of the United States · 2002
  4. Chokel v. Genzyme Corp.Massachusetts Supreme Judicial Court · 2007
  5. Commonwealth v. WoodyMassachusetts Supreme Judicial Court · 1999

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