Legal Opinion

LeMay v. DuBois

Massachusetts Superior Court

Decided August 14, 1997No. 965153APublished

1Opinion of the CourtFremont-Smith, J.

The plaintiff, Kevin Grayhawk LeMay (“LeMay”), brings this action against the defen*439dants, Lany E. DuBois, as Commissioner of the Massachusetts Department of Correction (“DuBois"), and Paul D. Murphy, as Superintendent of the Old Colony Correctional Center (“Murphy”), alleging that the smoking policies of the Department of Correction (“the DOC”) and Old Colony Correctional Center (“OCCC”)3 which prohibit and or restrict tobacco product use: (1) are improperly promulgated; (2) are inconsistent with the vested property rights of prisoners; (3) are arbitraiy and capricious; (4) violate free…

2Cases cited22 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Bell v. WolfishSupreme Court of the United States · 1979
  5. Sandin v. ConnerSupreme Court of the United States · 1995

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