RICHARD BROOKS v. DEPARTMENT OF CORRCTION

DOWNLOAD – the decision of the Appeals Court

Keywords –  Practice, Civil, Action in nature of certiorari, Statute of limitations. Limitations, Statute of. Imprisonment, Enforcement of discipline

In Brooks v, Department of Correction, issued today, the Appeals reversed a Superior Court decision regarding whether an appeal to Superior Court under the cert statute by a prisoner of discipline was timely when it was not filed within the 60 days after the decision was made, but rather was filed on the 60th day after the prisoner received the decision.  Notably, the Appeals Court opined that “[w]e conclude here that the last administrative action taken by the department was the issuance of the superintendent’s decision, which occurred no earlier than February 4, 2019, when the decision was served.[1]  The department regulation governing “Appeal Procedures” — which provides that “[t]he Superintendent shall normally decide an appeal within thirty (30) days of its receipt and notify the inmate in writing of the decision with supporting reasons,” 103 Code Mass. Regs. § 430.18(2) (2018)[2] — comports with our conclusion.”

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