Case: Cohen v. DiPaolo

Civ. A. No. 93-7314-B | Massachusetts state trial court

Filed Date: Dec. 29, 1993

Clearinghouse coding complete

Case Summary

On December 29, 1993, inmates at the Massachusetts Correctional Institution at Concord filed a class action lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the Superior Court of Massachusetts, Suffolk County. The plaintiffs alleged that their constitutional rights had been violated by the institution's extreme overcrowding, inadequate facilities, and inadequate provisions of clothing.On July 13, 1995, the Superior Court of Massachusetts (Judge Patrick J. K…

On December 29, 1993, inmates at the Massachusetts Correctional Institution at Concord filed a class action lawsuit under 42 U.S.C. § 1983 against the Massachusetts Department of Corrections in the Superior Court of Massachusetts, Suffolk County. The plaintiffs alleged that their constitutional rights had been violated by the institution's extreme overcrowding, inadequate facilities, and inadequate provisions of clothing.

On July 13, 1995, the Superior Court of Massachusetts (Judge Patrick J. King) certified two classes of plaintiffs in the lawsuit (a class of all present and future pretrial detainees and a class of all present and future prisoners who are not pre-trial detainees) and granted the plaintiffs' preliminary injunctions. Cohen v. DiPaolo 1995 WL 419942 (Mass.Super. July 13, 1995). The court scheduled a status conference on September 21, 1995 to discuss completion of discovery in the case and to set a trial date. We have no further information on the proceedings of this case.

Summary Authors

Kristen Sagar (7/10/2007)

People

Judge(s)

King, Patrick J. (Massachusetts)

show all people

Documents in the Clearinghouse

Document

93-07314

Memorandum of Decision and Order on Plaintiffs' Motion for Class Certification and Plaintiffs' Motion for Preliminary Injunction

July 13, 1995

July 13, 1995

Order/Opinion

1995 WL 419942

Docket

Last updated Aug. 30, 2023, 2:30 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory:

Massachusetts

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 29, 1993

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

two classes of plaintiffs in the lawsuit - a class of all present and future pretrial detainees and a class of all present and future prisoners who are not pre-trial detainees

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Paul DiaPaolo

State

Massachusetts Correctional Institution

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Massachusetts state trial court Civ. A. No. 93-7314-B

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)