Gaskins v. Rodrigues
Gaskins v. Rodrigues
Opinion of the Court
The plaintiffs, Tony Gaskins and Buthchhay Chourb, appeal from a judgment of dismissal of their amended complaint. We affirm.
The plaintiffs are prisoners in lawful custody of the Department of Correction (DOC). The defendants are various correction officers and officials. As alleged, the defendants at various times improperly lost, destroyed, allowed to be stolen by unknown persons, or confiscated as "contraband" some of the plaintiffs' personal property. All of the individual incidents alleged have been the subject of grievance procedures initiated by either Gaskins or Chourb.
In their present action, purportedly under G. L. c. 231A (declaratory relief) and
As the judge observed, "Although framed as a suit for declaratory judgment ..., plaintiffs' complaints are more properly challenging the application of those regulations to grievances each plaintiff filed at one or more DOC institutions. As such, there is an adequate remedy at law without need for declaratory relief." See G. L. c. 127, § 38H, inserted by St. 1999, c. 127, § 133 ("A final decision with respect to a grievance shall be subject to judicial review in accordance with section 14 of chapter 30A"); Grady v. Commissioner of Correction,
The judge's dismissal of the plaintiffs' § 1983 claims was also proper. To succeed under § 1983, the plaintiffs must first "prove that the defendant[s] ha[ve] deprived [them] of a right secured by the 'Constitution and laws' of the United States." Mancuso v. Massachusetts Interscholastic Athletic Assn.,
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.