Latest Case: Buckman v. Commissioner of Correction (Criminal Law)

Should Animals Be Allowed to Sue?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on case in which Animal Legal Defense Fund (ALDF) brought a civil damages suit on behalf of an abused horse, now named Justice, against the horse’s former owner. Colb dismantles three arguments critics raise in opposition to recognizing abused animals as plaintiffs in lawsuits such as this one.

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Buckman v. Commissioner of Correction

Docket: SJC-12725

Opinion Date: January 28, 2020

Judge: Ralph D. Gants

Areas of Law: Criminal Law, Health Law

The Supreme Judicial Court answered questions reported by a single justice upon Petitioners' petition pursuant to Mass. Gen. Laws ch. 249, 4 asserting claims for mandamus, injunctive, and declaratory relief after the superintendent for each petitioner refused to review Petitioners' petitions for medical parole as submitted regardless of the superintendent's view as to the completeness or adequacy of the petition. Specifically, the Court answered that, when a prisoner submits a written petition for medical parole, the superintendent or sheriff of the facility where the prisoner is incarcerated must consider the petition even if the superintendent or sheriff does not consider the petition complete or adequate. Further, the superintendent or sheriff bears the burden of preparing or procuring a medical parole plan and recommendation as to the release of the prisoner. Lastly, the commissioner, on receipt of the petition and recommendation, is required to provide the prisoner with all supporting documents submitted by the superintendent or sheriff with the recommendation.