Dale v. Commissioner of Correction

The plaintiff, a prisoner serving a sentence at the Massachusetts Correctional Institution, Concord, filed a complaint pursuant to G. L. c. 248, §§ 1-34. Also see Mass. R.Crim.P. 30(a), 378 Mass. 900 (1979). The facts underlying the complaint are not in dispute.

In December, 1977, the plaintiff was sentenced to concurrent ten-year terms to be served at M.C.I., Concord. In November, 1980, while on parole from those sentences, he was arrested and accused of various crimes. He was committed to jail in lieu of bail to await disposition of the complaints issued by the Boston Municipal Court. While…