[DOWNLOAD] "Norman Longval v. Commissioner Correction" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

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eBook details

• Title: Norman Longval v. Commissioner Correction
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 13, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

In an action by a prisoner seeking a declaration that certain officials of the Department of Correction violated his rights
to due process under the State and Federal Constitutions; the State Civil Rights Act; the provision in G. L. c. 127, §
39, requiring the approval of the Commissioner of Correction of the transfer of an inmate to a segregated unit; and certain
regulations of the department when they transferred him, on two occasions, from the general population at the Massachusetts
Correctional Institution at Walpole to the Massachusetts Correctional Institution at Concord (Concord) where he was placed
in the administrative segregation unit (A.S.U.), the Judge erred in granting partial summary judgment in the plaintiff's
favor where affidavits in the record raised a genuine issue of material fact whether the plaintiff's placement in the A.S.U.
in Concord was the substantial equivalent of his being placed in a departmental segregation unit requiring certain determinations
and hearings in accordance with G. L. c. 127, § 39, that he did not receive. [328-330] In an action by a prisoner seeking a declaration that his legal rights were violated when certain officials of the Department
of Correction transferred him, on two occasions, from the general population at the Massachusetts Correctional Institution
at Walpole to the Massachusetts Correctional Institution at Concord (Concord) where he was placed in the administrative segregation
unit (A.S.U.), there was no basis on the record for concluding, for summary judgment purposes, either that the guidelines
for transfer to the Concord A.S.U. were not lawfully adopted or applied to the plaintiff, or that the department's regulations
concerning the transfer of an individual from one correctional facility to another were violated. [330-331]

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