Opinion
No. 06-P-1549.
May 2, 2008.
Decisions Pursuant to Rule 1:28.
Ordered, that the following entry be made in the docket: The final judgment is vacated. The part of the order granting summary judgment that dismisses all claims against defendants White, Hanson, Daniele, and Sazonick, in both their individual and official capacities, is affirmed. That part of the order granting summary judgment to the remaining defendants on the claim for review pursuant to G.L. c. 249, § 4, of disciplinary action 57268 is reversed, and summary judgment is to enter on behalf of the plaintiff ordering correction of the administrative record by the entry of a finding of not guilty on disciplinary action 57268. Those portions of the order that grant summary judgment to the remaining defendants on the claim that the plaintiffs liberty interest was infringed in disciplinary action 57770 by failure to credit days already served against the sanction imposed and on the claim with regard to sanitary conditions are reversed. The remainder of the order granting summary judgment to the defendants on the other claims is affirmed.