MacDougall v. DuBois

The parties are before the court on cross-motions for summary judgment.1 The plaintiff, Mark D. MacDougall, seeks a declaration that his confinement in the Department Disciplinary Unit (D.D.U.) at MCI-Cedar Junction violates G.L.c. 127, §40 (1992 ed.) and deprives him of a constitutionally protected liberty interest. The defendant, the Commissioner of Correction, opposes MacDougall’s motion and seeks judgment dismissing the claims. For the following reasons, MacDougall’s motion is denied; the Commissioner’s motion is allowed.

BACKGROUND

Although the summary judgment record is sparse, the…