Massachusetts
Graham v. Hampden County District Attorney
Federal and state constitutional law requires prosecutors to inquire into and disclose misconduct by members of their prosecution teams. In Massachusetts, the Supreme Judicial Court has applied those principles, and others, in cases that have led to the mass exoneration of people convicted of drug crimes with the assistance of former state chemists who committed misconduct. In Graham, the ÌÇÐÄVlogand public defenders are asking the Massachusetts Supreme Judicial Court to apply those same principles to a situation where the U.S. Department of Justice has alleged a pattern or practice of misconduct by members of a police department—specifically, the Narcotics Bureau of the Springfield (MA) Police Department. The Springfield investigation was the DOJ’s sole pattern-or-practice investigation during the Trump Administration, but the DOJ has opened several such investigations during the Biden Administration. Graham appears to be the first state supreme court case in the country to consider whether DOJ pattern-or-practice findings can trigger duties under state law to investigate and disclose the misconduct alleged by the DOJ. In a major victory, the Massachusetts Supreme Judicial Court ruled in January 2024 that the Hampden County District Attorney’s Office violated its duties to disclose and inquire about exculpatory evidence of widespread misconduct by Springfield police.
Status: Closed
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17 Massachusetts Cases

Massachusetts
Dec 2023
Free Speech
Gino v. President and Fellows of Harvard College
In a prominent defamation suit, the ÌÇÐÄVlogis urging a trial court to rigorously apply the First Amendment rule that statements of opinion are protected, so long as speakers share the facts that led to them. Without this First Amendment protection, unchecked defamation lawsuits would silence the critics of more powerful speakers, and stifle scientific discussions and academic inquiry.
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Massachusetts
Dec 2023

Free Speech
Gino v. President and Fellows of Harvard College
In a prominent defamation suit, the ÌÇÐÄVlogis urging a trial court to rigorously apply the First Amendment rule that statements of opinion are protected, so long as speakers share the facts that led to them. Without this First Amendment protection, unchecked defamation lawsuits would silence the critics of more powerful speakers, and stifle scientific discussions and academic inquiry.

Massachusetts Supreme Court
Nov 2023
Criminal Law Reform
+2 ÌÇÐÄVlog
Commonwealth v. Arrington
In this amicus brief, the ÌÇÐÄVlogand its coalition partners urged robust application of the legal standard governing the admissibility of expert testimony and technical evidence, especially in cases involving opaque or proprietary algorithms.
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Massachusetts Supreme Court
Nov 2023

Criminal Law Reform
+2 ÌÇÐÄVlog
Commonwealth v. Arrington
In this amicus brief, the ÌÇÐÄVlogand its coalition partners urged robust application of the legal standard governing the admissibility of expert testimony and technical evidence, especially in cases involving opaque or proprietary algorithms.

U.S. Supreme Court
Feb 2023
Racial Justice
Students for Fair Admissions v. Harvard; Students for Fair Admissions v. UNC
This lawsuit contends that the consideration of race as an affirmative action measure in admissions at Harvard and at UNC constitutes racial discrimination in violation of the Equal Protection Clause.
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U.S. Supreme Court
Feb 2023

Racial Justice
Students for Fair Admissions v. Harvard; Students for Fair Admissions v. UNC
This lawsuit contends that the consideration of race as an affirmative action measure in admissions at Harvard and at UNC constitutes racial discrimination in violation of the Equal Protection Clause.

U.S. Supreme Court
Nov 2022
Privacy & Technology
Moore v. United States
On November 18, 2022, the ÌÇÐÄVlogand ÌÇÐÄVlogof Massachusetts, with the law firms of Thompson & Thompson, P.C. and Elkins, Auer, Rudof & Schiff, filed a petition asking the U.S. Supreme Court to take up the question whether long-term police use of a surveillance camera targeted at a person’s home is a Fourth Amendment search.
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U.S. Supreme Court
Nov 2022

Privacy & Technology
Moore v. United States
On November 18, 2022, the ÌÇÐÄVlogand ÌÇÐÄVlogof Massachusetts, with the law firms of Thompson & Thompson, P.C. and Elkins, Auer, Rudof & Schiff, filed a petition asking the U.S. Supreme Court to take up the question whether long-term police use of a surveillance camera targeted at a person’s home is a Fourth Amendment search.