Massachusetts Supreme Judicial Court, 1989

Massachusetts Parole Board v. Brusgulis

Massachusetts Supreme Judicial Court · Decided January 5, 1989

403 Mass. 1010; 532 N.E.2d 45; 1989 Mass. LEXIS 4

Cases that cite this one

8 later published cases cite this decision.

Commonwealth v. Morris (Massachusetts Superior Court 2003)
Diatchenko v. District Attorney for the Suffolk District Commonwealth v. Roberio (Mass. 2015)
White v. Gittens (1st Cir. 1997)
White v. Bissonnette (Massachusetts Superior Court 1995)
EDWARD PIERCE (Mass. App. Ct. 2025)
Commonwealth v. Figueroa (Mass. 2013)
Commonwealth v. Pagan (Mass. 2005)
Love v. Massachusetts Parole Board (Mass. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

T his complaint by the Massachusetts Parole Board pursuant to G. L. c. 211, § 3 (1986 ed.), is before us on reservation and report by a single *1011justice of this court. The case, involving the propriety of a grant of habeas corpus relief by the Superior Court which restored Richard Brusgulis to the parole status he enjoyed prior to revocation of his parole on the basis of a criminal indictment against him, is rendered moot by the subsequent revocation of parole based on new and separate indictments. We note, however, that since parole constitutes a variation on imprisonment, Morrissey v. Brewer, 408 U.S. 471, 477 (1972), and not an unrestrained release from confinement, a grant of declaratory relief rather than a writ of habeas corpus is the appropriate remedy to be sought or granted where the revocation of parole is challenged. See Pina v. Superintendent, Mass. Correctional Inst., Walpole, 376 Mass. 659, 664 (1978).

Francis X. Bellotti, Attorney General, Frederick W. Riley, Barbara A. H. Smith & Andrew M. Zaikis, Assistant Attorneys General, for the plaintiff, submitted a brief.

The case is remanded to the county court for the entry of an- order dismissing the complaint.

So ordered.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.