Massachusetts · Civil rights litigation

Wrongful-conviction civil-rights claims

General information about federal civil-rights actions and Massachusetts erroneous-conviction compensation proceedings.

Overview

Governing materials

Title 42, United States Code, section 1983 creates a civil cause of action for deprivation of federal rights under color of state law. Other doctrines and statutes govern parties, defenses, accrual, damages, and municipal liability. 42 U.S.C. § 1983.

Massachusetts General Laws chapter 258D establishes a state cause of action for specified erroneous felony convictions resulting in incarceration and states eligibility and proof requirements. G.L. c. 258D, § 1.

Court and agency record

Common record categories

  • The criminal docket, judgment, and appellate record
  • Orders vacating or reversing the conviction
  • Investigation, prosecution, and incarceration records
  • Civil-rights pleadings and damages records

Primary references

Official sources

Disclaimer: This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Laws, rules, and procedures may change. Attorney advertising. Past results do not guarantee future outcomes.

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