Legal Opinion
Diafario v. Commissioner of Correction
Massachusetts Supreme Judicial Court
Decided December 20, 1976PublishedCited by 17 opinions
1Opinion of the CourtKaplan, J.
While incarcerated at the Massachusetts Correctional Institution at Walpole, the plaintiff on December 13, 1974, brought this action against the defend ants, the Commissioner of Correction and the acting superintendent at Walpole, seeking declaratory and consequential injunctive relief that would have resulted in his immediate discharge. The plaintiff’s case was that he was being detained unlawfully, beyond his proper term, through a misinterpretation by the defendants of G. L. c. 127, § 129, which sets out the method of reducing the sentences of prisoners by reason of their good conduct…
2Cases cited6 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
- Blake v. Massachusetts Parole BoardMassachusetts Supreme Judicial Court · 1976
- Karchmar v. City of WorcesterMassachusetts Supreme Judicial Court · 1973
- Devlin v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Pina v. Superintendent, Massachusetts Correctional InstitutionMassachusetts Supreme Judicial Court · 1978
- Davis v. MisianoMassachusetts Supreme Judicial Court · 1977
- Department of Youth Services v. a JuvenileMassachusetts Supreme Judicial Court · 1981
- Burno v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1987
- Brantley v. Hampden Division of the Probate & Family Court DepartmentMassachusetts Supreme Judicial Court · 2010
12 more not listed; retrieve them via the Exa API.