Haverty v. Commissioner of Correction

440 Mass. 1
CourtMassachusetts Supreme Judicial Court
DecidedAugust 8, 2003
StatusPublished
Cited by21 cases

This text of 440 Mass. 1 (Haverty v. Commissioner of Correction) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haverty v. Commissioner of Correction, 440 Mass. 1 (Mass. 2003).

Opinion

Spina, J.

This case was before us previously on the appeal of the Commissioner of Correction and the Superintendent of the Massachusetts Correctional Institution at Cedar Junction (collectively, the commissioner) from a separate and final judgment under Mass. R. Civ. R 54 (b), 365 Mass. 820 (1974), after a judge in the Superior Court allowed the plaintiffs’ motion for summary judgment on their due process claim. The judge enjoined the commissioner from confining inmates for nondisciplinary reasons in the East Wing at Cedar Junction in conditions that were comparable to the former department segregation unit (DSU)3 without affording them the procedural protections contained in 103 Code Mass. Regs. §§ 421.00 (1993). See Haverty v. Commissioner of Correction, 437 Mass. 737, 750 [3]*3(2002). In that case we held, without reaching the constitutional question, that inmates housed in near-solitary confinement in the East Wing, for nondisciplinary reasons, except those staying no more than a few days for classification, were entitled to “the procedural protections contained in 103 Code Mass. Regs. §§ 421.00.” Id. at 763. We affirmed the order for injunctive relief and remanded the case for further proceedings and to determine the timing and manner of the implementation of those regulations. Id. at 764. After the case had been remanded, and pending implementation of the regulations, a second judge in the Superior Court held a hearing on the plaintiffs’ prayer that they be granted earned good time credit under G. L. c. 127, § 129D,4 for the time that they were illegally housed in DSU-like conditions. He then issued the following interim order: “As an equitable remedy for unlawful confinement in the East Wing DSU at MCI-Cedar Junction, the Commissioner shall promptly award all such prisoners eligible[5] for earned good time credit under G. L. c. 127, § 129D, with 3.75 days of retroactive earned good time credit for each month spent confined in the East Wing DSU, and shall recalculate their release dates based on said earned good time credit.”

The commissioner moved for reconsideration of the order and for a stay of the order pending interlocutory review. Both motions were denied. The commissioner filed a petition in the [4]*4Appeals Court seeking interlocutory review under G. L. c. 231, § 118. The petition was denied. He then filed a petition in the county court seeking relief under G. L. c. 211, § 3. The single justice granted a partial stay of the order and reserved and reported, without decision, the following questions to the full court: “(1) whether, in this case, the trial judge had the power to grant equitable relief to certain plaintiffs in the form of good-time credits; and (2) if the judge did have the power to do so, whether that part of the . . . order granting as equitable relief to those plaintiffs 3.75 days of good-time credits per month served in the East Wing of MCI-Cedar Junction constituted an abuse of discretion.” We answer the first question in the negative, and therefore do not address the second question.

1. Background. The material facts are not disputed. Inmates can earn up to a maximum of seven and one-half days of earned good time credit, per month, under G. L. c. 127, § 129D. The system-wide average of earned good time credits is three days a month for each prison inmate. Two-thirds of all prison inmates are held in medium security prisons, where the bulk of the § 129D programs exist. Cedar Junction, the State’s only maximum security prison, is divided into two “wings,” the East Wing and the West Wing. The East Wing consists of eight units, each with forty-five one-man cells; the West Wing has three units, each with seventy-two one-man cells. Inmates in the East Wing, the more restrictive wing, have been held under conditions that constitute segregated confinement; those in the West Wing have not. See Haverty v. Commissioner of Correction, supra at 742-743. There were twenty-seven jobs available for inmates housed in the East Wing through which good time credits could be earned; there were 150 such jobs for inmates housed in the West Wing. Inmates in the West Wing earned an average of one and one-quarter to one and one-half days of good time credits each month. Inmates in the East Wing earned less. During the relevant time periods at issue in this appeal, there were no educational programs at either wing of Cedar Junction through which inmates could earn good time credits.6

It is the policy of the department, as stated by the commis[5]*5sioner, that the limited resources available for earned good time credit programs should be offered primarily to those inmates who are motivated to make the best use of them. Inmates who are disruptive and resistant to rehabilitation are offered fewer such opportunities. When those inmates demonstrate an improvement in attitude toward rehabilitation, they are offered more opportunities to earn good time credits. The commissioner offers earned good time credit programs both as a means to improve an inmate’s chances for a successful return to society and as an inducement for inmates to control and reduce their tendencies toward violence.7 He indicated, and it was not contradicted, that this policy has had a marked effect at reducing the level of violence within the prison system.

The judge determined that “it is fair and just to award 50% of the maximum amount of earned good time credit that eligible members of the plaintiff class could have potentially received if they had not been illegally confined to the East Wing DSU.” He reasoned that, although “there is no way to predict with any degree of mathematical certainty how many days of earned good time credit a particular member of the plaintiff class would have received but for the illegal conduct of the Department of Correction,” “it is likely that many members of the plaintiff class . . . would have had the opportunity to earn up to 7.5 days per month of earned good time credit.”

2. Discussion. The commissioner argues that the judge erred by fashioning an equitable remedy that awarded good time credits that were not earned, in disregard of the requirements of § 129D. The plaintiffs argue that the remedy was appropriate because they were illegally denied the ability to earn good time credits under § 129D, and that the judge had discretion to fashion an equitable remedy to address the resulting lost opportunities to reduce the length of their sentences.

There is no constitutional right to good time credits. See Jackson v. Hogan, 388 Mass. 376, 379 (1983), citing Wolff v. [6]*6McDonnell, 418 U.S. 539, 557 (1974). Section 129D does not establish a statutory right to the availability of earned good time credits. See Jackson v. Hogan, supra. Programs for earned good time credit are made available to inmates housed at the different facilities of the department, in the discretion of the commissioner. See 103 Code Mass. Regs. § 411.08(2) (1995) (“The Associate Commissioner or his designee will prepare lists of programs which he has approved for good time deductions at each institution” [emphasis added]). The only statutory or regulatory limit on this discretion is contained in 103 Code Mass. Regs.

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Bluebook (online)
440 Mass. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haverty-v-commissioner-of-correction-mass-2003.