Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 38E (2026)

Inmate complaints; grievance system; grievance resolution

✓ current as of July 2026

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Section 38E. (a) The commissioner shall promulgate regulations to establish a fair, impartial, speedy and effective system for the resolution of grievances filed against the department, its officers or employees, by inmates who are committed to, held by or in the custody of the department in a state, county, or federal correctional facility, or the Massachusetts treatment center. The commissioner, in consultation with the county sheriffs, shall also promulgate regulations for the resolution of grievances filed against a county of the commonwealth, its officials or employees, by inmates who are committed to, held by, or in the custody of a county sheriff.

(b) A grievance system shall provide but not be limited to:

(1) specific maximum time limits for written replies to grievances with reasons for such replies at each decision level within the system;

(2) priority processing of grievances that are of an emergency nature, including matters in which delay would subject the petitioner to substantial risk of personal injury or other damages;

(3) safeguards to avoid reprisals against any petitioner or participant in the resolution of a grievance.

(c) Grievances that may be brought by inmates subject to the provisions of subsections (a) and (b) shall include all grievances arising out of or resulting from a condition of or occurrence during confinement, whether or not said grievance is presented in the form of petition for a writ of habeas corpus. A petition for a writ of habeas corpus seeking only release from unlawful imprisonment or restraint and no other relief shall not be subject to the provisions of this section. All applicable statute of limitations and presentment periods shall be tolled from the date of the filing of a grievance pursuant to this section until the final administrative resolution of the grievance.

Notes of Decisions

Cited in 22 cases (9 in the last 5 years), 2002–2026 · leading case: John J. Sullivan v. Superintendent, Massachusetts Corr. Inst., Shirley, & Others., 196 N.E.3d 760 (Mass. App. Ct. 2022).

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John J. Sullivan v. Superintendent, Massachusetts Corr. Inst., Shirley, & Others., 196 N.E.3d 760 (Mass. App. Ct. 2022). · cites it 2× “The handling of inmate grievances is governed by G. L. c. 127, § 38E (a), which requires that DOC "promulgate regulations to establish a fair, impartial, speedy and effective system for the resolution of grievances filed against the department, its officers or employees, by…”

Jackson v. Verdini, 19 Mass. L. Rptr. 539 (Mass. Super. Ct. 2005). · cites it 4× “G.L.c. 127, §38E requires the DOC Commissioner to “promulgate regulations to establish a fair, impartial, speedy and effective system for the resolution of grievances filed against the department, its officers or employees, by inmates .”

Ryan v. Pepe, 845 N.E.2d 1136 (Mass. App. Ct. 2006). “127, § 133, the Legislature directed the Commissioner of Correction to establish a “fair, impartial, speedy and effective system for the resolution of grievances filed against the department.”

Davis v. Commonwealth, 125 N.E.3d 784 (Mass. App. Ct. 2019). “On appeal, Davis argues that prison practices -- in particular the unavailability of grievance forms and the difficulty of filing such forms in the unit in which he was housed -- prevented him from timely filing. We vacate and remand for further proceedings.”

Megna v. Corr. Med. Servs., Inc., 15 Mass. L. Rptr. 58 (Mass. Super. Ct. 2002). “124, §l(j) and (q) and G.L.c. 127, §38E, is titled “Inmate Grievances.”

Shipps v. Compass Grp. USA, Inc., 15 Mass. L. Rptr. 299 (Mass. Super. Ct. 2002). · cites it 2× “236 ), this Court held: (1) Shipps’claims are not subject to the Massachusetts Department of Correction’s (“DOC”) grievance procedure outlined in M.G.L.c. 127, §§38E through 38H; and (2) Compass is subject to liability under M.”

Shipps v. Compass Grp. USA, Inc., 14 Mass. L. Rptr. 236 (Mass. Super. Ct. 2002). “G.L.c. 127, §38E (1991 ed. & Supp. 2000).”

George Mackie v. Bruce Patzner & Others. (Mass. App. Ct. 2023). · cites it 3× “The grievance system specifically includes inmates "in the custody" of the Treatment Center, G. L. c. 127, § 38E (a), and the Commissioner of Correction has established a comprehensive grievance system as set forth in 103 Code Mass.”

Montrond v. Spencer (D. Mass. 2024). · cites it 3× “Mass. Gen. Laws ch. 127, §§ 38E–38F; see also Cook v.”

Mackie v. Comm'r of Corr., 94 N.E.3d 878 (Mass. App. Ct. 2017). “See G.L.c. 127, § 38E( a ) and ( b )(1) ; 103 Code Mass.”

Pinard v. Commonwealth, 25 Mass. L. Rptr. 64 (Mass. Super. Ct. 2008). · cites it 4× “G.L.c. 127, §38E. The defendant now files this motion for summary judgment alleging that the plaintiff is barred under Mass.”

Jose L. Negron v. Comm'r of Corr. & Others. (Mass. App. Ct. 2025). · cites it 2× “" G. L. c. 127, § 38E (b) (1). G. L. c. 127, § 38F, provides that "[a]n inmate shall not file any claim that may be the subject of a grievance under section 38E unless the inmate has exhausted the administrative remedy established pursuant to said section 38E; but the court may…”

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— Mass. Gen. Laws ch. 127, § 38E(a) — 1 case

Jackson v. Verdini, 19 Mass. L. Rptr. 539 (Mass. Super. Ct. 2005). “G.L.c. 127, §38E requires the DOC Commissioner to “promulgate regulations to establish a fair, impartial, speedy and effective system for the resolution of grievances filed against the department, its officers or employees, by inmates .”

— Mass. Gen. Laws ch. 127, § 38E(c) — 1 case

Jackson v. Verdini, 19 Mass. L. Rptr. 539 (Mass. Super. Ct. 2005). “G.L.c. 127, §38E requires the DOC Commissioner to “promulgate regulations to establish a fair, impartial, speedy and effective system for the resolution of grievances filed against the department, its officers or employees, by inmates .”

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