Cote v. Murphy

Plaintiffs/appellants are four individuals who have been adjudicated to be “sexually dangerous persons” and civilly committed to the Massachusetts Treatment Center under Mass.G.L. ch. 123A, §§ 1-16. In this pro se action brought pursuant to 42 U.S.C. § 1983, they challenge the Center’s policy of “double-bunking” its residents, claiming that such a practice violates the Fourteenth Amendment and the Center’s management plan. Upon motion from defendants, the district court dismissed the amended complaint, inter alia, for failure to state a claim. Plaintiffs have timely appealed but have chosen…