MARVIN SMITH vs. COMMISSIONER OF CORRECTION others.

No. 93-P-1476.Appeals Court of Massachusetts.
April 11, 1995.

The judgment of dismissal is vacated. A new partial summary judgment in favor of the defendants on the claim under the Massachusetts Civil Rights Act, G.L.c. 12, §§ 11H 11I, is to be entered. As to the claim of deficiencies in the plaintiff’s disciplinary hearing, the order allowing summary judgment for the defendants is reversed, and the case shall stand for further proceedings in the Superior Court. The order denying the plaintiff’s motion for summary judgment is affirmed.