Foster v. Commissioner of Correction
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The Supreme Judicial Court affirmed the judgment of the superior court judge denying Plaintiffs' second request for a preliminary injunction, holding that there was no error.
Plaintiffs, a class of inmates in Department of Correction (DOC) facilities, brought this complaint alleging that the conditions of their confinement during the COVID-19 pandemic constituted cruel and unusual punishment under the Eighth Amendment and seeking to enjoin the DOC to use various measures to reduce the incarcerated population. After the class was certified Plaintiffs filed a second emergency motion for a preliminary injunction seeking an immediate reduction in the incarcerated population. The motion judge denied Plaintiffs' second motion for preliminary relief. The Supreme Judicial Court affirmed, holding that Plaintiffs were unlikely to prevail on their Eighth Amendment claim, and therefore, the superior court did not err in denying their second motion for preliminary relief.
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