Carey v. Commissioner of CorrectionAnnotate this Case
The Department of Correction’s policy announced in 2013 that visitors to correctional facilities would be subject to search by drug-detecting dogs was not inconsistent with the Department’s existing regulations but was not exempt from the Administrative Procedure Act (APA), Mass. Gen. Laws ch. 31A, 1 et seq.
Plaintiffs commenced this action to prevent the Department from implementing the new policy. The superior court denied Plaintiffs’ motion for a preliminary injunction, and the policy was thereafter implemented. A second superior court judge entered judgment declaring that the Commissioner of Correction had the authority o establish the policy without having to comply with the procedural requirements of the APA. The Supreme Judicial Court remanded this case to the superior court for entry of a judgment declaring that the Department was required to, but did not, meet the requirements of the APA when it adopted this regulation but that the regulation, if properly adopted in conformance with the APA, would not conflict with existing Department regulations.