The superior court granted the state’s motion for summary judgment on all claims but the one for cruel and unusual punishment. On that claim the court found that Smith’s uncontroverted allegations stated a colorable claim under the Eighth Amendment to the U.S. Constitution and Article 26 of the state’s Declaration of Rights. Thus, the case was allowed to proceed on that claim. See: Smith v. Maloney, et al., Mass. Superior Court, Case No. 996210 (April 3, 2001); 2001 WL 755849.
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Related legal case
Smith v. Maloney
|Cite||Mass. Superior Court, 2001 WL 755849|
|Level||State Trial Court|