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MICHAUD v. SHERIFF OF ESSEX COUNTY

390 Mass. 523 (1983)

458 N.E.2d 702

MICHAEL MICHAUD & others vs. SHERIFF OF ESSEX COUNTY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 5, 1983.

Attorney(s) appearing for the Case

Joseph David Casey for Sheriff of Essex County (William D. Luzier, Jr., Assistant Attorney General, for Commissioner of Correction, with him).

Barry Barkow (John Reinstein with him) for Michael Michaud & others.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

HENNESSEY, C.J.

This is an appeal by the defendants, the sheriff of Essex County, the county commissioners of Essex County, and Essex County, from an order by a Superior Court judge prohibiting occupancy after May 11, 1983, of any cell at the Essex County house of correction and jail at Lawrence (jail) not having a flush toilet, which can be flushed from within the cell, and hot and cold running water. The defendants appealed the judgment and we transferred the case...

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