Heard: May 23, 2018.
action commenced in the Superior Court Department on March 7,
case was heard by Dennis J. Curran, J., on motions for
judgment on the pleadings.
Roby, pro se.
F. Grant for the defendants.
Present: Rubin, Maldonado, & Wendlandt, JJ.
plaintiff, Randy Roby, is a convicted sex offender currently
incarcerated in State prison.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.
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.
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.
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.