Legal Opinion

Dexter v. Superintendent, Massachusetts Correctional Institution, Concord

Massachusetts Appeals Court

Decided September 11, 2015No. AC 13-P-1844Published

1Opinion of the CourtTrainor, J.

The plaintiff, Michael Dexter, was a pretrial detainee in custody at the Massachusetts Correctional Institution at Concord (MCI-Concord) for at least part of 2012. The plaintiff filed a complaint seeking a declaration concerning the property that pretrial detainees are allowed to possess at MCI-Concord. The defendant filed a motion to dismiss, and the plaintiff filed a motion for summary judgment. A Superior Court judge denied the defendant’s motion to dismiss and granted the plaintiff’s motion for summary judgment, entering a declaratory judgment stating: “103 [Code Mass. Regs. §§] 403, et…

2Cases cited8 opinions

  1. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  2. Royce v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1983
  3. Karchmar v. City of WorcesterMassachusetts Supreme Judicial Court · 1973
  4. TBI, Inc. v. Board of HealthMassachusetts Supreme Judicial Court · 2000
  5. Ten Local Citizen Group v. New England WindMassachusetts Supreme Judicial Court · 2010

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