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K.J. v. SUPERINTENDENT OF BRIDGEWATER STATE HOSPITAL

SJC-13081.

488 Mass. 362 (2021)

K.J. v. SUPERINTENDENT OF BRIDGEWATER STATE HOSPITAL & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 8, 2021.

Attorney(s) appearing for the Case

Karen Owen Talley, Committee for Public Counsel Services, for the plaintiff.

Edward J. O'Donnell for the defendants.

Tatum A. Pritchard, Jennifer Honig, & Martin F. Murphy, for Disability Law Center, Inc., & others, amici curiae, submitted a brief.

Patricia Reilly, Assistant District Attorney, for District Attorney for the Plymouth District & others, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

This is a case about the separation of powers concerns implicated by the placement of a pretrial detainee or prisoner who is involuntarily committed on account of mental illness. In this context, G. L. c. 123 requires a judge in a commitment proceeding to determine first whether the person requires...

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