Case: Souza v. Hodgson

02-00870 | Massachusetts state trial court

Filed Date: Aug. 28, 2002

Clearinghouse coding complete

Case Summary

On July 9, 2002 incarcerated people, either serving sentences or awaiting trial at the Bristol County Jail or Bristol County House of Correction, filed this pro se action in the Bristol County Superior Court challenging the validity of cost of care fees, medical care fees, haircut fees and GED fees charged to incarcerated individuals by Bristol County Sheriff Hodgson pursuant to his Bristol County Inmate Financial Responsibility Program. The plaintiffs obtained private counsel who then filed a…

On July 9, 2002 incarcerated people, either serving sentences or awaiting trial at the Bristol County Jail or Bristol County House of Correction, filed this pro se action in the Bristol County Superior Court challenging the validity of cost of care fees, medical care fees, haircut fees and GED fees charged to incarcerated individuals by Bristol County Sheriff Hodgson pursuant to his Bristol County Inmate Financial Responsibility Program. The plaintiffs obtained private counsel who then filed an amended complaint on August 28,2002, alleging federal and state law causes of action. The defendant removed the case to the U.S. District Court for the District of Massachusetts. The plaintiffs voluntarily dismissed their federal law claims and the case was remanded to the Bristol County Superior Court for resolution of the state claims. Thereafter, both parties moved for summary judgment.

On July 28, 2004, the Superior Court (Judge Richard T. Moses) granted plaintiffs' motion for summary judgment and denied defendants' cross-motion. Judge Moses declared that all fees imposed under the Bristol County Inmate Financial Responsibility Program were invalid and unauthorized by law and he permanently enjoined the defendant from assessing those fees. The defendant appealed.

On August 19, 2004, the Court of Appeals for the Commonwealth Of Massachusetts (Judge Cowin) affirmed the Superior Court's order granting injunctive relief.

We have no further information on this matter.

Summary Authors

Dan Dalton (2/8/2007)

People


Judge(s)

Cowin, William I. (Massachusetts)

Keeton, Robert Ernest (Massachusetts)

Moses, Richard T. (Massachusetts)

Attorneys(s) for Plaintiff

Costanza, Peter (Massachusetts)

Pingeon, James R. (Massachusetts)

Attorneys(s) for Defendant

Assad, Bruce A. (Massachusetts)

Corrigan, Joseph W. (Massachusetts)

Smith, Gary W (Texas)

Judge(s)

Cowin, William I. (Massachusetts)

Keeton, Robert Ernest (Massachusetts)

Moses, Richard T. (Massachusetts)

Attorneys(s) for Plaintiff

Costanza, Peter (Massachusetts)

Pingeon, James R. (Massachusetts)

Attorneys(s) for Defendant

Assad, Bruce A. (Massachusetts)

Corrigan, Joseph W. (Massachusetts)

Smith, Gary W (Texas)

Documents in the Clearinghouse

Document

Docket (PACER)

Souza, et al v. Hodgson

U.S. District Court for the District of Massachusetts

Aug. 8, 2003 Docket

Docket (MA Court of Appeals)

Richard S. Souza, & Others v. Thomas M. Hodgson, Sheriff

Massachusetts state appellate court

Aug. 20, 2004 Docket

Memorandum of Decision and Order on Parties' Cross-Motions for Summary Judgment

2004 WL 5540569

July 28, 2004 Order/Opinion

Order

Massachusetts state appellate court

Aug. 19, 2004 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

Notice of Removal filed. Received from: Bristol Superior Court; State Court Docket #: BRCV2002-00870. Assigned to: Judge Keeton Receipt #: 41516 Amount: $ 150.00. Fee status: paid. (kf) (Entered: 08/29/2002)

Aug. 28, 2002
2

Answer by Thomas M. Hodgson to amended complaint, filed.; jury demand. (kf) (Entered: 09/06/2002)

Sept. 5, 2002
3

State Court Record (certified copy), filed. Service in state court on 8/12/02. (kf) (Entered: 09/12/2002)

Sept. 12, 2002
5

Motion by Richard Souza, Wayne Soares, Barry Booker, Richard Centeno, Antone Cruz, William Perry, William Statkiewitz, Jerome Wieczorek Jr. to remand to state court , filed. c/s (kf) (Entered: 09/30/2002)

Sept. 27, 2002
6

Judge Robert E. Keeton . Notice of Hearing/conference: Motion hearing set for 2:00 10/18/02 for [5-1] motion to remand to state court . cc/cl (kf) (Entered: 10/03/2002)

Oct. 2, 2002
7

Response by Thomas M. Hodgson in opposition to [5-1] motion to remand to state court , filed. c/s (kf) (Entered: 10/23/2002)

Oct. 21, 2002
9

Motion by Plaintiffs for leave to file reply memorandum , filed. c/s (kf) (Entered: 11/08/2002)

Oct. 31, 2002
10

Reply by Plaintiffs to [7-1] opposition of defendant Bristol County Sheriff Thomas M. Hodgson to plaintiffs' motion to remand to state court, filed. c/s (kf) (Entered: 11/08/2002)

Oct. 31, 2002

Motion Hearing held . (kf) (Entered: 11/05/2002)

Nov. 1, 2002
8

Judge Robert E. Keeton . Clerk's Notes: re: motion hearing. Arguments re: motion to remand. Court will give plaintiff opportunity to clarify in what capacity he is suing the sheriff. set case management conference for 3:00 1/24/03 Court Reporter: Lee Marzilli (kf) (Entered: 11/05/2002)

Nov. 1, 2002
11

Letter by Gary W. Smith dated: January 14, 2003 to: Attorney Pingeon re: conference rescheduled filed. (kf) (Entered: 01/23/2003)

Jan. 15, 2003
12

Letter from David Kerrigan, Chief, Trial Division, dated: 1/23/2003 to: Gentlemen re: "cost of care" program filed in open court. (cjn) (Entered: 02/03/2003)

Jan. 31, 2003
13

Letter by James R. Pingeon dated: 11/6/2002 to: David re: cost of care, filed in open court. (cjn) (Entered: 02/03/2003)

Jan. 31, 2003

Case management conference held . (kf) (Entered: 02/04/2003)

Jan. 31, 2003
14

Judge Robert E. Keeton . Clerk's Notes: re: case management conf. denying [5-1] motion to remand to state court. Colloquy re: scheduling. Discovery must be complete by April 30, 2003. Dispositive motions by June 13, 2003. Probably will issue re: whether REK should decide only fed. claims and then remand whatever state law claims remain. Briefs should also address those issues (in addition to the federal law issues re: federal claims). Will wait to do further scheduling until briefing is finished and court makes decisions on issues presented in the briefs. set case management conference for 2:00 8/6/03 Court Reporter: Cloonan (kf) (Entered: 02/04/2003)

Jan. 31, 2003

Judge Robert E. Keeton : electronic ORDER entered granting [9] Motion for Leave to File, allowed in court 11/1/02. (Nicewicz, Craig) (Entered: 06/11/2003)

June 11, 2003
15

MOTION for Leave to Amend Complaint by Barry Booker, Richard Centeno, Antone Cruz, William Perry, Wayne Soares, Richard Souza, William Statkiewitz, Jerome Wieczorek Jr.c/s(Patch, Christine) (Entered: 06/12/2003)

June 11, 2003
17

Renewed MOTION to Remand to State Court Pursuant to 28 U.S.C. 14479(c) and 1441(c)2 by Barry Booker, Richard Centeno, Antone Cruz, William Perry, Wayne Soares, Richard Souza, William Statkiewitz, Jerome Wieczorek Jr. c/s(Patch, Christine) (Entered: 06/12/2003)

June 11, 2003
18

MEMORANDUM in Support re 17 Renewed MOTION to Remand to State Court filed by Barry Booker, Richard Centeno, Antone Cruz, William Perry, Wayne Soares, Richard Souza, William Statkiewitz, Jerome Wieczorek Jr. c/s (Patch, Christine) (Entered: 06/12/2003)

June 11, 2003
19

Assented to MOTION for Extension of Time to July 11, 2003 to File Motion for Summary Judgement by Barry Booker, Richard Centeno, Antone Cruz, William Perry, Wayne Soares, Richard Souza, William Statkiewitz, Jerome Wieczorek Jr. c/s(Patch, Christine) (Entered: 06/12/2003)

June 11, 2003

Judge Robert E. Keeton : Electronic ORDER entered granting 19 Assented to Motion for Extention of Time to File Motion for Summary Judgment. cc/cl (Patch, Christine) Modified on 6/19/2003 (Patch, Christine). (Entered: 06/19/2003)

June 18, 2003
20

Assented-to MOTION for Extension of Time to July 18, 2003 to File Motion for Summary Judgment by Barry Booker, Richard Centeno, Antone Cruz, William Perry, Wayne Soares, Richard Souza, William Statkiewitz, Jerome Wieczorek Jr. c/s(Patch, Christine) (Entered: 07/15/2003)

July 14, 2003

Judge Robert E. Keeton : Electronic ORDER entered granting 20 Motion for Extension of Time to File Motion for Summary Judgment. cc/cl (Patch, Christine) (Entered: 07/17/2003)

July 17, 2003
21

Judge Robert E. Keeton : ORDER entered JUDGMENT in favor of Defendant against Plaintiffs, granting 17 MOTION to Remand to State Court filed by William Perry, Richard Souza, Wayne Soares, Barry Booker, Richard Centeno, Antone Cruz, William Statkiewitz, Jerome Wieczorek, and granting 15 MOTION for Leave to Amend Complaint filed by William Perry, Richard Souza, Wayne Soares, Barry Booker, Richard Centeno, Antone Cruz, William Statkiewitz, Jerome Wieczorek. The court hereby orders that the federal claims asserted by plaintiff in the original complaint are dismissed with prejudice. The Clerk is directed to remand this case to the state court from which it was removed. cc/cl(Patch, Christine) (Entered: 07/21/2003)

July 17, 2003
22

MOTION for Summary Judgment by Barry Booker, Richard Centeno, Antone Cruz, William Perry, Wayne Soares, Richard Souza, William Statkiewitz, Jerome Wieczorek Jr. c/s(Patch, Christine) (Entered: 07/21/2003)

July 18, 2003
23

MOTION for Leave to Exceed Twenty Pages to submit a 37 page Memorandum of Reasons in Support of 22 Motion for Summary Judgment by Barry Booker, Richard Centeno, Antone Cruz, William Perry, Wayne Soares, Richard Souza, William Statkiewitz, Jerome Wieczorek Jr. cc/cl(Patch, Christine) (Entered: 07/21/2003)

July 18, 2003
24

NOTICE of Hearing: Case Management Conference set for 9/18/2003 11:00 AM in Courtroom 3 before Robert E. Keeton. Counsel should be prepared to argue all pending motions.(Nicewicz, Craig) (Entered: 07/31/2003)

July 31, 2003

Return receipt received for mail sent to Bristol County Superior Court. Delivered on 8/1/03. (Patch, Christine) (Entered: 08/05/2003)

Aug. 4, 2003

Return receipt received for mail sent to Bristol County Superior Court Delivered on 8/5/03. (Patch, Christine) (Entered: 08/14/2003)

Aug. 8, 2003

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Aug. 28, 2002

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Inmates either serving sentences or awaiting trial at the Bristol County Jail or Bristol County House of Correction.

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Bristol County Jail and House of Correction (inst/juris) (Bristol), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process: Substantive Due Process

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2004 - None

Issues

Type of Facility:

Government-run