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Roby v. Superintendent, Massachusetts Correctional Institution

Appeals Court of Massachusetts, Middlesex

November 7, 2018

RANDY ROBY
v.
SUPERINTENDENT, MASSACHUSETTS CORRECTIONAL INSTITUTION, CONCORD & others. [1]

          Heard: May 23, 2018.

         Civil action commenced in the Superior Court Department on March 7, 2016.

         The case was heard by Dennis J. Curran, J., on motions for judgment on the pleadings.

          Randy Roby, pro se.

          Sheryl F. Grant for the defendants.

          Present: Rubin, Maldonado, & Wendlandt, JJ.

          MALDONADO, J.

         The plaintiff, Randy Roby, is a convicted sex offender currently incarcerated in State prison.[2]He argues that in order to enter a sex offender treatment program (SOTP or program) without losing his prison employment, ability to earn good time credits, and preferred housing, he was required to admit guilt to the sexual offenses of which he was convicted. A Superior Court judge granted the defendants' motion to dismiss. We affirm, concluding that Roby has waived all challenges, except his claims under the Fifth Amendment to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights, which have been rendered moot by a change in the SOTP regulations.

         Background.

         In December of 2015, Roby was housed at Massachusetts Correctional Institution-Concord (MCI-Concord), where he held a prison job, was earning good time credits, and enjoyed preferred housing. Prison officials asked Roby to participate in the SOTP. According to Roby, entry into the program was predicated upon his signing a treatment agreement and waiver form (treatment form) admitting guilt to the sexual offenses of which he stood convicted. Because such an admission would undermine his pending State and Federal challenges to the convictions, he refused to sign the treatment form and declined participation in the SOTP. Roby claims that because he refused to participate in the SOTP, prison officials took away his prison employment and ability to earn good time credits, and moved him to more restrictive housing.

         Roby filed an inmate grievance, which was denied. Roby then appealed from the denial to the superintendent of MCI-Concord, who denied his appeal. Thereafter, Roby filed the complaint at issue here in the Superior Court.

         In his complaint, Roby alleged violations of various Department of Correction (department) regulations, and a violation of his Federal and State constitutional rights against self-incrimination. The defendants moved to dismiss and the judge granted their motion. This appeal by Roby followed.

         Discussion.

         1. Wa ...


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