Opinion

In the Matter of McKnight

  • 406 Mass. 787
  • 550 N.E.2d 856
  • 1990 Mass. LEXIS 85
Court
Massachusetts Supreme Judicial Court
Filed
Mar 6, 1990
Status
Published
Author
Lynch
On the bench
Liacos, Wilkins, Nolan, Lynch, Greaney
Cited by
28 cases
Authority
More cited than 9.1%

stating JRC and department had “settlement agreement concerning . . . authorization, by way of substituted judg ment, of the use of aversive procedures on clients at [JRC]”

How later courts described this case

  • stating JRC and department had “settlement agreement concerning . . . authorization, by way of substituted judg ment, of the use of aversive procedures on clients at [JRC]”
  • stating JRC and department had “settlement agreement concerning . . . authorization, by way of substituted judg *444 ment, of the use of aversive procedures on clients at [JRC]”
  • “A court. . . may not properly exercise the functions of the executive branch of State government”
  • "[w]here the means of fulfilling [a legal] obligation is within the discretion of a public agency, the courts normally have no right to tell that agency how to fulfil its obligation.... Only when ... there is but one way in which that obligation may properly be fulfilled, is a judge warranted in telling a public agency precisely how it must fulfil its legal obligations"

Written by the judges who cited it.

The opinion

Lynch, J.

(concurring). I concur in the result. I write separately, however, to reject any suggestion that the State Constitution may provide an affirmative entitlement to social welfare services not provided by the Federal Constitution. See DeShaney v. Winnebago County Dep’t of Social Servs., 109 S. Ct 998 (1989).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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