Opinion
No. 04-P-817.
June 8, 2005.
Decision Pursuant to Rule 1:28.
The judgment of dismissal as to Edward Ficco and Michael Mellen is affirmed as to all counts. The judgment of dismissal as to defendants Kelly, Maillet, Cruz, and Melendez is affirmed as to the claims for declaratory relief and damages pursuant to 42 U.S.C. § 1983. The remainder of the judgment as to Kelly, Maillet, Cruz, and Melendez is reversed, and the matter is remanded to the Superior Court for further proceedings in accordance with the memorandum and order of the Appeals Court.