Murphy v. Cruz

The plaintiff, a pro se prisoner, filed this action in the Superior Court against three employees of the Department of Correction (department) in their individual and official *315capacities. Among his claims, he sought judicial review of a disciplinary proceeding in the nature of certiorari under G. L. c. 249, § 4, and declaratory relief and damages under 42 U.S.C. § 1983 (Supp. 1998) and G. L. c. 12, §§ 11H-11I. The defendants filed a motion to dismiss, or in the alternative, for summary judgment. The plaintiff filed a motion for partial summary judgment on his claim that his right to due…