* THE BIG DECISION *
THUS FAR

COMMONWEALTH OF MASSACHUSETTS SUFFOLK,ss

Notice sent SUPERIOR
6/22/2012 COURT
T M S CIVIL ACTION
T J M NO 2011-00869-G

(sc)

TIMOTHY MUISE

vs

GARY RODEN & another

MEMORANDUM OF DECISION AND ORDER ON THE PARTIES' CROSS-MOTIONS
FOR JUDGEMENT ON THE PLEADINGS AND THE DEFENDENTS' MOTION FOR
SUMMARY JUDGMENT

INTRODUCTION

The petitioner, Tiumothy Muise ("Muise"), brings thos action prose against two employees of the Massachusetts Department of Corrections ("DOC"), Gary Roden ("Roden") and . In his complaint, Muise asserts that he is challenging "the procedure by which he hs been found guilty of, punished for, and retaliated against in relation to an alleged disciplinary infraction," Muise brings his claims in the nature of certiorari pursuant to G L c 249, & 4, for declaratory judgment pursuant to G L c 231A, for equitable relief pursuant to G l c 214 & 1, and for damages pursuant to 42 U s C & 1983.

The defendants have raised the affirmative defense of qualified immunity. The matter is now before the court on the parties' cross-motions for judgment on the pleadings and the defendents' motion for summary judgment.

BACKGROUND

The record reveals the following undisputed facts. Muise is an inmate lawfully in the custody of the DOC. He began his incarceration on August 18, 1999. Muise is currently incarcerated at MCI-Shirley. At all times relevant to this action, Muise was incarcerated at MCI-Norfolk. Roden is the Superintendent of MCI-Norfolk and was the disciplinary hearing officer for the hearing that was held in relation to Disciplinary Report #213260.

In September 2010, Muise wrote to Paul DiPaolo ("diPaolo"), who was at the time the Assistant Deputy Commissioner of the Northern Sector for the DOC. In the letter, Muise made, allegations of staff misconduct against multiple members of MCI-Norfolk. On September 30, 2010, Roden, DiPaolo, and Muise met to discuss Muise's allegations. After an investigation by the