Federal Court Certifies Class Action in Lawsuit Alleging Abuse at Massachusetts Prison
For Immediate Release
Worcester – October 8th, 2024 – A federal judge has certified a class action lawsuit on behalf of approximately 150 current and formerly incarcerated people alleging widespread excessive force and racial discrimination by correctional officers at Souza-Baranowski Correctional Center (SBCC) in early 2020. The lawsuit, Diggs v. Mici, was filed in January 2022 by Prisoners’ Legal Services (PLS) and Hogan Lovells on behalf of nine individuals who allege they were subject to retaliatory and racially motivated violence after an altercation on January 10, 2020, that left several officers injured.
The lawsuit alleges that for several weeks after the incident, DOC officers used excessive and unjustified force against prisoners, such as beatings, pepper spray, weapons shooting chemical agents and impact projectiles, dog bites, and forcing people into stress positions. The lawsuit alleges that the retaliatory violence was condoned and encouraged by high-ranking Department of Correction officials. Plaintiffs allege that officers targeted Black and Latinx prisoners for brutal and degrading treatment, such as yanking and ripping out dreadlocks and braids and shouting racist comments and slurs.
On October 3, 2024, U.S. District Judge Margaret R. Guzman certified a class of approximately 150 people subjected to uses of force from January 10, 2020, to February 6, 2020, seeking damages for excessive force under the 8th Amendment. The judge also certified a subclass of all Black and Latinx individuals within this group, based on claims of unconstitutional racial discrimination. Additionally, the court allowed the plaintiffs to seek injunctive relief on behalf of the class; the lawsuit seeks policy changes in addition to money damages.
“Class certification is a crucial step toward accountability for the violence inflicted on incarcerated people at Souza-Baranowski ” said Hogan Lovells attorney Kayla Ghantous. “It allows us to seek justice not just for the nine individually named plaintiffs, but for well over 100 individuals who suffered similar abuse.”
A trial date has not yet been set. The case is Diggs v. Mici, No. 22-40003-MRG, in the U.S. District Court for the District of Massachusetts.
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Contact: Aaron Steinberg, Director of Communications, Asteinberg@plsma.org
Prisoners’ Legal Services of Massachusetts is an organization committed to being anti-racist and whose mission is to challenge the carceral system through litigation, advocacy, client counseling, partnership with impacted individuals and communities, and outreach to policymakers and the public in order to promote the human rights of incarcerated persons and end harmful confinement. The office prioritizes work involving health and mental health care, assaults by staff, extreme conditions of confinement (including COVID, overcrowding, exorbitant prison phone rates), misuse of segregation and isolation, and racial equity.
Global law firm Hogan Lovells has a long tradition of supporting ground-breaking social developments, focusing on access to justice and the rule of law. As lawyers we recognize this commitment is part of our professional practice and collectively we spend 150,000+ pro bono hours per year on work to achieve lasting impact for others. More is here.