×
You've used up your 3 free articles for this month. Subscribe today.
Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims
Loaded on July 15, 2011
by Matthew Clarke
published in Prison Legal News
July, 2011, page 30
by Matt Clarke
Filed under:
Attorneys,
Attorney Misconduct,
Malpractice (Attorneys),
Damages,
Wrongful Conviction,
Wrongful Imprisonment.
Location:
Massachusetts.
On November 23, 2010, the Massachusetts Supreme Judicial Court issued a pair of opinions that clarify the requirements for suing the state for compensation following an erroneous conviction. Specifically, the Court clarified the requirement that the conviction must be reversed “on grounds which tend to establish innocence,” …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction, by John Dannenberg
- California: Controversy Surrounds Governor’s Grant of Clemency to Son of Political Friend, by Michael Brodheim
- $5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction
- Deaths of Three North Carolina Prisoners Raise Suspicions, by Matthew Clarke
- From the Editor, by Paul Wright
- Washington DOC Agrees to Change Sexual Abuse Policies, by David Reutter
- San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling, by Michael Brodheim
- Why I Care About Prisoner Rights, by David Hudson
- Low Rates in Michigan DOC Phone Contract Demonstrate Actual Cost of Prison Phone Services, by Alex Friedmann
- Paroled Killers Rarely Re-Offend, by Michael Brodheim
- Anti-Private Prison Group Rips Revolving Door for Federal Employees After CCA Hires Former BOP Director
- Ninth Circuit: Prison Visitation Privileges May be Temporarily Restricted for Legitimate Penological Reasons
- New York Parolee Detained Without Hearing; City Not Entitled to Summary Judgment, by Mark Wilson
- State Audit Finds Maryland Prison Employees Misused Funds in Prisoner Accounts, by Matthew Clarke
- The Incredible Honey Bun Behind Bars, by David Reutter
- Ninth Circuit Applies Houston Mailbox Rule to § 1983 Actions
- Former Virginia Beach Sheriff Received Insider Information on Jail Contract, by Matthew Clarke
- Fifth Circuit: Habeas Petition Challenging Recent Parole Denial Not Considered Successive, by Matthew Clarke
- California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard, by Michael Brodheim
- Vermont Parole Law Change Violates Ex Post Facto Clause
- Tenth Circuit Vacates Class Certification in Jail Conditions Suit; Case Settles Following Remand, by Mark Wilson
- Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit
- Massachusetts Supreme Judicial Court Clarifies Erroneous Conviction Claims, by Matthew Clarke
- Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge
- Third Circuit Holds Blanket Policy of Strip Searching Arrestees, Absent Reasonable Suspicion, is Constitutional; Cert Granted, by Michael Brodheim
- Ninth Circuit Holds PLRA Fee Cap for Court-Appointed Counsel Also Applies to Paralegal Fees
- Six New Jersey Jail Guards Arrested for Assaulting Prisoners
- Washington: Eye Gouging Assault Severely Injures Airway Heights Prisoner, by Derek Gilna
- Inmate Accident Compensation Act Does Not Preclude Bivens Remedy
- Deficient Medical Care Leads to Preventable Death of Seattle, Washington Jail Prisoner
- In-Prison Filmmaker Prepares Next Release, by David Reutter
- U.S. Department of Justice Report Puts Price Tag on Preventing Prison Rape, by Matthew Clarke
- Georgia: Child Support Contempt Findings Create Debtor’s Prisons, by David Reutter
- Pennsylvania DOC Agrees to Comply with Clean Air Act at Four Prisons, by David Reutter
- Former Deputy Sheriff Gets LWOP for Murder of California Prison Guard
- $16 Million Federal Jury Award in Texas Jail Beating Suit, by Matthew Clarke
- Florida Pre-Release Officer’s Federal Convictions Affirmed
- Baltimore Jail’s Warden, Seven Guards Suspended Pending Excessive Force Investigation
- Seventh Circuit Finds Appeal is Timely Despite E-Filing Error
- Failure to Protect May Raise Claim Under Federal Tort Claims Act, by Matthew Clarke
- New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody
- Fifth Circuit Clarifies Procedure for PLRA Failure-to-Exhaust Dismissals
- A Cage by Any Other Name is Still a Cage: Mentally Ill California Prisoners Caged, by Michael Brodheim
- Ninth Circuit Denies Arizona Prisoner Access to Dedicated Discharge Account
- Queer (In)justice: The Criminalization of LGBT People in the United States, by Joey L. Mogul, Andrea J. Ritchie and Kay Whitlock (Beacon Press, Feb. 2011), 216 pages, $27.95, by Daniel R. Schaffer
- “America’s Sheriff” Begins Serving Federal Prison Sentence
- News In Brief
More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
More from these topics:
- $4,000 Awarded to Ohio Prisoner for Denied Records Requests, Oct. 1, 2026. Damages, Retroactivity, Public Records Act, Statutory Construction/Interpretation.
- Alabama Lawmaker Holds Up $38 Million in Payments to Department of Corrections Attorney Sanctioned for AI-Written Brief, Sept. 1, 2026. Attorney Misconduct.
- Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026. Statistics/Trends, Cost of Prison Systems, Damages, Settlements.
- $11 Million Paid by Boston to Exonerated Prisoner for 37-Year Wrongful Incarceration, Sept. 1, 2026. Settlements, Wrongful Conviction, Wrongful Imprisonment, Monell Liability, Withholding of Exculpatory Evidence.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- $13 Million Awarded to Exonerated Illinois Prisoner Tortured to Confess by Corrupt Cops, Aug. 1, 2026. Police Misconduct, Wrongful Conviction, Certificate of Innocence, False Imprisonment, Confessions - Coerced.
- Louisiana Supreme Court Announces Framework Governing Factual Innocence Claims in First Application of La. C.Cr.P. Art. 926.2, Holding Second-Step Review Encompasses All Relevant Evidence, Aug. 1, 2026. Wrongful Conviction, Forensic Sciences, Actual Innocence/Claim of Innocence, Expert and Opinion Testimony, Scientific Testimony or Evidence.
- Conviction Tossed for Former Alabama Prisoner Paroled After 42 Years, July 1, 2026. Sex Offender Registration, Wrongful Conviction, Forensic Sciences, Eyewitness Identification, Brady Rule violations.
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence, Evidence - Admissibility, Claim of Innocence.
- Jury Awards Over $24.4 Million to Kentucky Prisoner Exonerated After 22 Years, Bringing Total Payout for Him and Co-Defendant to Almost $45 Million, June 1, 2026. Police Misconduct, Wrongful Conviction, Monell Liability, Fabrication of Evidence, Failure to Disclose.

