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EMMA v. MASSACHUSETTS PAROLE BOARD

SJC-13101.

488 Mass. 449 (2021)

ARNOLD EMMA v. MASSACHUSETTS PAROLE BOARD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 28, 2021.

Attorney(s) appearing for the Case

Kelly M. Cusack for the plaintiff.

Tara L. Johnston, Assistant Attorney General, for Massachusetts Parole Board.

Edward J. O'Donnell for Commissioner of Correction.

Jeffrey G. Harris, for Committee for Public Counsel Services & others, amici curiae, submitted a brief.

James R. Pingeon, David Milton, & Kristyn J.E. Henry, for Prisoners' Legal Services of Massachusetts, amicus curiae, submitted a brief.

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

In this case, we consider whether the medical parole scheme set forth in G. L. c. 127, § 119A (medical parole act),2 authorizing the Commissioner of Correction (commissioner) to grant medical parole to terminally ill or permanently incapacitated prisoners...

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