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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-12-19
Status Open
Type Equity Action Involving An Incarcerated Party
Docket 91 entries

Parties

Plaintiff Gaskins, Tony B.|Williams, Donald|Yarde, David
Defendant Mici, Commissioner Of Mci Concord, Carol|Gray, Superintendent, Dean|Holoman, Deputy Superintendent Of Reentry, Patrice

Docket Entries

  1. Case assigned to: DCM Track F - Fast Track was added on 12/19/2023
  2. Original civil complaint filed.
  3. Civil action cover sheet filed.
  4. Demand for jury trial entered.
  5. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit Applies To: Gaskins, Tony B. (Plaintiff)
  6. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit Applies To: Williams, Donald (Plaintiff)
  7. Affidavit of Indigency and request for waiver substitution of state payment of fees and costs filed without Supplemental affidavit Applies To: Yarde, David (Plaintiff)
  8. Order pursuant to M.G.L. c 261, § 29, to the Commissioner of Corrections or County Sheriff to provide certain information regarding inmate account relative to Plaintiff's motion to claim indigency and waive filing fee: Judge: Frison, Hon. Shannon
  9. Plaintiffs Tony B. Gaskins, Donald Williams, David Yarde's Motion to amend the civil complaint
  10. Endorsement on Motion to amend the Civil Complaint (#7.0): ALLOWED Upon review, this motion is ALLOWED. (Dated: 1/9/24) notice sent 1/10/24 Judge: Frison, Hon. Shannon
  11. Amended: Verified amended complaint filed by Tony B. Gaskins, Donald Williams, David Yarde
  12. Plaintiff Tony B. Gaskins, Donald Williams, David Yarde's Motion for writ of Habeas Corpus AD- Testificandum
  13. Plaintiffs Tony B. Gaskins, Donald Williams, David Yarde's Motion for TRO and Preliminary Injunction
  14. Tony B. Gaskins, Donald Williams, David Yarde's Memorandum in support of their motion for TRO and Preliminary Injunction
  15. Affidavit filed by Plaintiff Tony B. Gaskins in support of Plaintiff's motion for TRO and Preliminary Injunction (Declaration)
  16. Affidavit filed by Plaintiff Donald Williams in support of Plaintiff's motion for TRO and Preliminary Injunction (Declaration)
  17. Affidavit filed by Plaintiff David Yarde in support of Plaintiff's motion for TRO and Preliminary Injunction (Declaration)
  18. Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 02/01/2024 02:00 PM Hearing on Preliminary Injunction. Judge: Frison, Hon. Shannon
  19. Habeas corpus issued as to Tony B. Gaskins, Donald Williams, David Yarde at MCI - Concord for 02/01/2024 02:00 PM Hearing on Preliminary Injunction. Copies emailed and faxed to Video conferencing contact information for MCI Concord.
  20. Endorsement on Motion of Plaintiff For Writ of Habeas Corpus Ad-Testificandum (#9.0): ALLOWED Upon review, this motion is ALLOWED. (Dated: 1/23/24) notice sent 1/23/24 Judge: Frison, Hon. Shannon
  21. Summons and order of notice issued on a Motion for a Preliminary Injunction , returnable on 02/06/2024 02:00 PM Hearing on Preliminary Injunction. Judge: Frison, Hon. Shannon
  22. Habeas corpus issued as to Tony B. Gaskins, Donald Williams, David Yarde at MCI - Concord for 02/06/2024 02:00 PM Hearing on Preliminary Injunction. Copies emailed and faxed to Video conferencing contact information for MCI Concord.
  23. Plaintiff / Petitioner's canteen account filed. Applies To: Williams, Donald (Plaintiff)
  24. Plaintiff / Petitioner's canteen account filed. Applies To: Yarde, David (Plaintiff)
  25. Plaintiff / Petitioner's canteen account filed. Applies To: Gaskins, Tony B. (Plaintiff)
  26. Event Result:: Hearing on Preliminary Injunction scheduled on: 02/01/2024 02:00 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Shannon Frison, Presiding Staff: Maria Pantos, Assistant Clerk Magistrate
  27. Service Returned for Defendant Gray, Superintendent, Dean: Service via certified mail; on 1/31/24, at MCI-Concord 965 Elm Street Concord, MA 01742, signed for by Edwin Silva, return receipt attacjed
  28. Service Returned for Defendant Holoman, Deputy Superintendent of Reentry, Patrice: Service via certified mail; on 1/31/24, at MCI-Concord 965 Elm Street Concord, MA 01742, signed for by Edwin Silva, return receipt attached
  29. Defendant Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry's EMERGENCY Motion to Recuse Pursuant to Supreme Judicial Court Rule 3:09
  30. Attorney appearance On this date Timothy P Whooley, Esq. added for Defendant Carol Mici, Commissioner of MCI-Concord
  31. Attorney appearance On this date Timothy P Whooley, Esq. added for Defendant Dean Gray, Superintendent
  32. Attorney appearance On this date Timothy P Whooley, Esq. added for Defendant Patrice Holoman, Deputy Superintendent of Reentry
  33. Opposition to to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction filed by Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry
  34. Event Result:: Hearing on Preliminary Injunction scheduled on: 02/06/2024 02:00 PM Has been: Held via Video/Phone Hon. Shannon Frison, Presiding Staff: Maria Pantos, Assistant Clerk Magistrate
  35. Endorsement on Motion for Writ of Habeas Corpus AD - Testificandum (#9.0): ALLOWED Dated 2/6/24 ALLOWED for all Motions hereafter. The Defendant facility's Zoom / computer system is not working for hearings of this Court. (Frison,J.) Copy mailed.
  36. Endorsement on Motion for a Temporary Restraining Order and Preliminary Injunction (#10.0): ALLOWED Dated 2/6/24 After hearing: ALLOWED. All Plaintiff's held more than 90 days total in segregation without a hearing shall be released from segregation on this date 2/6/24. This includes the Behavioral Adjustment Unit and any other unit that segregates inmates. All general population privilege's and rights shall be restored to those inmates on this date and until further order of this Court. This Order applies to the behavioral Assessment Unit. (Frison,J.) Copy mailed.
  37. Endorsement on Motion to Rescue Pursuant to Supreme Judicial Court Rule 3:09 (#20.0): DENIED Dated 2/6/24 After hearing DENIED. No Judge need be "pro-incarceration" to be fair and impartial on a prisoner case. (Frison,J.) Copy mailed.
  38. Preliminary Injunction issued for Plaintiffs Tony B. Gaskins, Donald Williams, David Yarde. It is ordered and adjudged that Defendants(s) Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry and their various attorneys and agents are: Defendants are hereby Ordered: All Plaintiff's held more than 90 days total in segregation without a hearing shall be released from segregation on this date 2/6/24. This includes the Behavioral Adjustment Unit and any other unit that segregates inmates. All general population privilege's and rights shall be restored to those inmates on this date and until further order of this Court. This Order applies to the behavioral Assessment Unit. Judge: Frison, Hon. Shannon
  39. ORDER: The Court having reviewed the plaintiff's account statement and having determined the plaintiff has the ability to pay a portion of the filing fee hereby ORDERS the plaintiff to pay $00.00 to the Clerk of Middlesex Superior Court within 30 days. The Plaintiff is further ORDERED to forward to the Treasurer's Office of the institution where he or she is housed a copy of this Order with a request for payment of the assessed fee made payable to the "Clerk of Courts, Middlesex County "Failure to pay this fee with in 30 days from the date of this Order will result in the dismissal of the complaint. Dated: February 6, 2024 and copies mailed Applies To: Gaskins, Tony B. (Plaintiff); Williams, Donald (Plaintiff); Yarde, David (Plaintiff)
  40. ORDER: PURSUANT TO STANDING ORDER 92 1: After review of your complaint and correspondence, the Court has ordered the following : 1. The complaint is to be entered without the requirement of a filing fee. 2. Summonses are to be provided to the plaintiff at no cost. 3. The trial date of this case will be scheduled by the Clerk's Office and you will be notified. 4. A copy of the complaint is to be sent to the Office of the Department of Corrections by the plaintiff. Dated: 2/6/24 and copies mailed 2/8/24 Applies To: Williams, Donald (Plaintiff)
  41. ORDER: PURSUANT TO STANDING ORDER 92 1: After review of your complaint and correspondence, the Court has ordered the following : 1. The complaint is to be entered without the requirement of a filing fee. 2. Summonses are to be provided to the plaintiff at no cost. 3. Service is to be made on each named defendant by certified mail at the plaintiff's expense. the return of service is to be made to the Clerk's Office in accordance with the attached instructions. 4. The trial date of this case will be scheduled by the Clerk's Office and you will be notified. 5. A copy of the complaint is to be sent to the Office of the Department of Corrections by the plaintiff. Dated: 2/6/24 and copies mailed 2/8/24 Applies To: Gaskins, Tony B. (Plaintiff)
  42. ORDER: PURSUANT TO STANDING ORDER 92 1: After review of your complaint and correspondence, the Court has ordered the following : 1. The complaint is to be entered without the requirement of a filing fee. 2. Summonses are to be provided to the plaintiff at no cost. 3. The trial date of this case will be scheduled by the Clerk's Office and you will be notified. 4.A copy of the complaint is to be sent to the Office of the Department of Corrections by the plaintiff. Dated: 2/6/24 and copies mailed 2/8/24
  43. Docket Note: Three Summons sent to Tony Gaskins to serve the Defendants on behalf of the other two plaintiffs
  44. Service Returned for Defendant Mici, Commissioner of MCI-Concord, Carol: Service via certified mail; on 1/26/24, at 50 Maple St Suite 3 Milford, MA 01757, signed for by B Monte, return receipt attached
  45. Defendant Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry's EMERGENCY Motion to Stay Order
  46. Plaintiffs Tony B. Gaskins, Donald Williams's Motion for Special Master
  47. Endorsement on Motion to Stay Order (Emergency) (#29.0): DENIED 2024 February 12 Defendants' motion to stay is DENIED. The Court conducted a full hearing with live testimony and argument by both sides. The defendants may NOT get around the requirements of the Criminal Justice Reform Act by renaming the Solitary Confinement Unit. The BAU is a workaround of the new requirements for holding individuals in solitary confinement. The Court finds that the defendants are in violation of the ACT by holding individuals longer than 90 days without a hearing and denying them normal general population privileges and rights indefinitely. Though the defendants claim the BAU is not punitive, it is certainly punitive. The court did not recuse itself because the defendants' rationale and argument for such is nonsensical. Posting Criminal Justice news on social media has no bearing on the Judge's impartiality. The motion to reconsider that issue is DENIED. The motion to stay alleges that the Court's order makes "no finding of fact concerning the BAU, and is vague, seemingly self-contradictory and inconsistent by its own terms, and thus impossible to understand or comply with as written." Not only is this language hostile and disrespectful, it in no way characterizes the very clear order to immediately RELEASE all inmates (including named plaintiffs) who have been held for more than a total of 90 days without a hearing from the BAU, or other solitary confinement (no matter the name of it) forthwith, and until further order of this Court. If the confusion was whether it was to happen on 2/6/24 or 2/8/24 that is now moot as both dates have passed without the defendants complying. The submitting council will do well in the future to use respectful language and tone in any future motions because a lack of such may be addressed specifically between the Court and council. The defendants disagreement with the ruling notwithstanding, the Court has ruled and the defendants are ordered to comply forthwith.
  48. Defendant Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry's EMERGENCY Motion to Stay Order
  49. Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry's Memorandum in support of emergency motion (P#30)
  50. Opposition to Defendants' Motion to Stay Injunction Order filed by Tony B. Gaskins
  51. Plaintiffs Tony B. Gaskins, Donald Williams, David Yarde's EMERGENCY Motion for hearing
  52. Plaintiffs Tony B. Gaskins, Donald Williams, David Yarde's Motion for writ of Habeas Corpus Ad - Testification
  53. Plaintiffs Tony B. Gaskins, Donald Williams, David Yarde's Motion for contempt of order
  54. NOTICE OF APPEAL: Defendants Carol Mici, Dean Gray, and Patrice Holloman hereby appeal, on an interlocutory basis, from the orders of the Superior Court, Frison, J. allowing Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (dated February 8, 2024) and denying Defendants' Emergency Motion to Stay Order (dated February 12, 2024). Applies To: Whooley, Esq., Timothy P (Attorney) on behalf of Gray, Superintendent, Dean (Defendant)
  55. Notice of docket entry received from Appeals Court NOTICE OF DOCKET ENTRY: Please take note that on February 22, 2024, the following entry was made on the docket of the above-referenced case: ORDER
  56. General correspondence regarding Letter from Executive Office of Public Safety & Security Department of Correction RE: Copies of documents were electronically filed with the Mass Appeals Court
  57. Plaintiffs Tony B. Gaskins, Donald Williams's Motion for Leave to Supplement Complaint.
  58. Court received Transcript Order Forms related to appeal
  59. Defendants Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry's Motion to Stay Superior Court Proceedings Pending Resolution of Interlocutory Appeal
  60. Notice of docket entry received from Appeals Court NOTICE OF DOCKET ENTRY: Please take note that, with respect to the Motion to file brief as amicus curiae filed for Prisoner's Legal Services of Massachusetts by Attorney Michael Horrell. (Paper #15), on March 11, 2024, the following order was entered on the docket of the above-referenced case: RE#15: Allowed.
  61. Opposition to Defendant's Motion To Stay Superior Court Proceedings Pending Resolution Of Interlocutory Appeal filed by Tony B. Gaskins, Donald Williams, David Yarde
  62. Endorsement on Motion of Defendants to Stay Superior Court Proceedings Pending Resolution of Interlocutory Appeal (#39.0): Other action taken The injunction issued by Judge Frison has been administratively stayed by order dated Feb. 22, 2024. Because the injunction has been stayed by the Appeals Court, it makes sense to stay further proceedings in Superior Court so long as the Appeals Court stay remains in effect. The subsequent filings in Superior Court, not surprisingly, relate closely to the preliminary injunction and its enforcement. Accordingly, further Superior Court proceedings are stayed in light of the Appeals Court's stay. The parties shall promptly notify the Superior Court if the stay - administrative or otherwise - is lifted in the Appeals Court, as that may well alter the stay in this court. So ordered. (Dated: 3/15/24) notice sent 3/18/24
  63. Plaintiffs Tony B. Gaskins, Donald Williams, David Yarde's Motion for Free Hearing Transcripts: Court to be provide with free copy of the March 26, 2024 hearing. No: 2024-J-0086
  64. Notice of docket entry received from Appeals Court NOTICE OF DOCKET ENTRY: Please take note that on April 4, 2024, the following entry was made on the docket of the above-referenced case: MEMORANDUM AND ORDER: The Superior Court judge entered a preliminary injunction ordering the immediate release from the Behavior Assessment Units (BAUs) of all prisoners placed in a BAU for more than ninety days without a hearing. The defendant prison officials (hereinafter, the prison) have appealed this injunction to a panel of the Appeals Court pursuant to G. L. c. 231, s. 118, par. 2. Before me is the prison's motion for a stay of the Superior Court's injunction pending that appeal, pursuant to Mass. R. App. P. 6 (a). Concluding that the scope of this injunction is an abuse of discretion, I will stay the injunction pending appeal. Nothing in my order should be construed as prohibiting the Superior Court from entering a separate preliminary injunction that is tailored to the legal violations alleged in the amended complaint.
  65. Plaintiff Tony B. Gaskins's Motion to Lift Stay
  66. Plaintiff Tony B. Gaskins's Motion to Enforce Injunctive Order, in Part
  67. Certificate of service of attorney or Pro Se: Tony B. Gaskins
  68. CD of Transcript of 02/06/2024 02:00 PM Hearing on Preliminary Injunction received from Donna Dominguez. 1
  69. Notice of assembly of record sent to Counsel
  70. Notice to Clerk of the Appeals Court of Assembly of Record
  71. Appeal: Statement of the Case on Appeal (Cover Sheet).
  72. Endorsement on Motion to Lift Stay (#44.0): Other action taken Based upon Justice Ditkoff's ruling in 2024-J-0086, this Court will hear further from the parties about what privileges and rights have been diminished or deprived for prisoners housed in the Concord Prison BAU. This date should be set within the next 30 days after conferring with the session clerk. (Budreau, J.)
  73. Endorsement on Motion to Enforce Injunctive Order, In Part (#45.0): Other action taken A hearing will be set to determine whether the prison is complying with prisoners concerns that their rightful privileges have been deprived while in BAU. The prison official should confer with the clerk to set up a hearing date see paper 44. (Budreau, J.)
  74. Opposition to Plaintiff's Motion to Lift Stay filed by Carol Mici, Commissioner of MCI-Concord, Patrice Holoman, Deputy Superintendent of Reentry, Dean Gray, Superintendent
  75. Opposition to Plaintiff's Motion to Enforce Injunctive Order, In Part filed by Carol Mici, Commissioner of MCI-Concord, Patrice Holoman, Deputy Superintendent of Reentry, Dean Gray, Superintendent
  76. General correspondence regarding plaintiff's change of address
  77. Plaintiffs Tony B. Gaskins, Donald Williams, David Yarde's Motion for TRO and Preliminary Injunction (II)
  78. Plaintiff Tony B. Gaskins's Declaration in Support of Motion for TRO and Preliminary Injunction
  79. Plaintiff Donald Williams's Declaration in Support of Motion for TRO and Preliminary Injunction
  80. Plaintiff David Yarde's Declaration in Support of Motion for TRO and Preliminary Injunction
  81. Tony B. Gaskins, Donald Williams, David Yarde's Memorandum in support of Motion for TRO and Preliminary Injunction
  82. Habeas corpus issued as to Tony B. Gaskins, Donald Williams, David Yarde at MCI - Concord for 06/05/2024 02:30 PM Motion Hearing. HABE Emailed to correctional facilities for hearing.
  83. Defendants Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry's Motion to Continue June 5, 2024 Hearing
  84. Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry's Memorandum in support of Motion to Continue June 5, 2024 Hearing
  85. Plaintiff Tony B. Gaskins's Motion for Protective Order.
  86. Endorsement on Motion to Continue June 5, 2024 Hearing (#56.0): Other action taken Denied in part Allowed in Part. See Order. (Budreau, J.)
  87. Endorsement on Motion to Continue June 5, 2024 Hearing (#56.0): Other action taken Defendants' Motion to Continue June 5, 2024 Hearing is Denied in part and allowed in part. This Court will address defendant's concern about access to legal materials, but otherwise the hearing will be converted to a status conference given Judge Barry-Smith's stay of the case and the Appeals Court's stay of Judge Frison's order on Plaintiff's Request for a Preliminary Injunction. The Court does note that the Appeals Court left open the possibility that this Court could address issues raised in the Amended Complaint as much as they are not included in the scope of Judge Frison's appealed order. The parties should be prepared to address the question of whether there are any pending motions that address issues outside the scope of that appealed order. So Ordered on this 21st day of May 2024 (Budreau, J.) copies mailed 5/22/2024
  88. Opposition to Plaintiffs' Renewed Motion for Temporary Restraining Order and Preliminary Injunction filed by Carol Mici, Commissioner of MCI-Concord, Dean Gray, Superintendent, Patrice Holoman, Deputy Superintendent of Reentry(Accompanying Exhibits A-N Hard Copy Only)
  89. Certificate of service of attorney or Pro Se: Timothy P Whooley, Esq. pertaining to Opposition to Plaintiffs' Renewed Motion for Temporary Restraining Order and Preliminary Injunction
  90. Event Result:: Motion Hearing scheduled on: 06/05/2024 02:30 PM Has been: Held via Video/Phone Hon. James Budreau, Presiding Staff: Maria Pantos, Assistant Clerk Magistrate
  91. Endorsement on Motion for a Temporary Restraining Order and Preliminary Injunction (II) of Plaintiffs (#54.0): DENIED This motion is denied without prejudice as (a) none of the defendants are in the BAU at this time and cannot show any irreparable harm, and (b) the issues presented are presently before the Appeals Court. This motion may be renewed if the Appeals Court decision warrants further consideration by this Court or if (1) there are substantive and irreparable harms at issue that need immediate relief and (2) Plaintiffs demonstrate they will likely succeed on the merits. (Dated: 6/5/24) notice sent 6/10/24 Judge: Budreau, Hon. James

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