Legal Opinion

Clemente v. Dep't of Corr.

Massachusetts Appeals Court

Decided November 2, 2018No. 17-P-1341Published

1Opinion of the Court

Anthony Clemente, a prisoner in custody at the Massachusetts Correctional Institution at Norfolk (MCI-Norfolk or prison), appeals from a judgment dismissing his complaint.2 Clemente's complaint seeks equitable relief -- an injunction requiring the defendant Department of Correction (department) to allow him to receive back his Koss headphones, in prison, if he sends them out to be repaired pursuant to their lifetime warranty. Because there is no legal theory that would allow Clemente the relief he seeks, we affirm.

As alleged,3 Clemente purchased a pair of Koss headphones on some date prior to…

2Cases cited11 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008
  3. Curtis v. Herb Chambers I-95, Inc.Massachusetts Supreme Judicial Court · 2011
  4. Ginther v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 1998
  5. Rhode Island Hospital Trust National Bank v. VaradianMassachusetts Supreme Judicial Court · 1995

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