Massachusetts General Laws

Mass. Gen. Laws ch. 127, § 38H (2026)

Judicial review of final decision on grievance

✓ current as of July 2026

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Section 38H. A final decision with respect to a grievance shall be subject to judicial review in accordance with section 14 of chapter 30A, in the superior court for the county in which the inmate is incarcerated or otherwise being held, or in Suffolk county. A complaint filed with the court by an inmate in accordance with this section shall be accompanied by a copy of the final decision for which review is sought, if any, and a complaint not so accompanied subject to the exclusion in section 38F shall not be accepted for filing. The availability of review under this section shall not be construed to limit any judicial remedies otherwise available.

Notes of Decisions

Cited in 10 cases (4 in the last 5 years), 2013–2026 · leading case: Grady v. Comm'r of Corr., 981 N.E.2d 730 (Mass. App. Ct. 2013).

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Grady v. Comm'r of Corr., 981 N.E.2d 730 (Mass. App. Ct. 2013). · cites it 18× “249, § 4, rather than G. L. c. 127, § 38H. He reasoned that “this court is satisfied that Grady’s action is a request for judicial review of various grievances and is governed by G.”

John J. Sullivan v. Superintendent, Massachusetts Corr. Inst., Shirley, & Others., 196 N.E.3d 760 (Mass. App. Ct. 2022). “G. L. c. 127, § 38H. See Grady, 83 Mass. App.”

Mackie v. Comm'r of Corr., 94 N.E.3d 878 (Mass. App. Ct. 2017). · cites it 8× “In his complaint, the plaintiff sought judicial review, pursuant to G.L.c. 127, § 38H, and various declaratory judgments, pursuant to G.”

Alicea v. Atkins, 104 N.E.3d 684 (Mass. App. Ct. 2018). · cites it 3× “After a Superior Court judge construed the complaint to be seeking judicial review of the denial of an inmate grievance, see G. L. c. 127, § 38H, the defendant filed the administrative record, and the parties cross-moved for judgment on the pleadings.”

Jeb Daly v. Michael Rodrigues & Another. (Mass. App. Ct. 2026). · cites it 2× “" G. L. c. 127, § 38H. 4 asserting multiple claims for relief if any one of them seeks judicial review of administrative proceedings.”

Shea v. Spencer, 31 Mass. L. Rptr. 564 (Mass. Super. Ct. 2013). · cites it 3× “Karr, Director of the DOC’s Correctional Industries Division (collectively, the “Defendants”), pursuant to G.L.c. 127, §38H and G.L.c. 30A, §14 challenging the denial of his institutional grievance requesting that he be paid minimum hourly wages for work that he was directed to…”

Kao v. Superintendent, 95 N.E.3d 300 (Mass. App. Ct. 2017). “See G. L. c. 127, § 38H, inserted by St. 1999, c.”

Gaskins v. Rodrigues, 107 N.E.3d 1255 (Mass. App. Ct. 2018). “, plaintiffs' complaints are more properly challenging the application of those regulations to grievances each plaintiff filed at one or more DOC institutions.”

Fitzpatrick v. Dep't of Corr. (Mass. App. Ct. 2023). “See G. L. c. 127, § 38H; Grady v. Commissioner of Correction, 83 Mass.”

Negron v. Superintendent, Ne. Corr. Ctr. (Mass. 2026). “127, § 38E, and then sought judicial review in the Superior Court of any final adverse decision pursuant to G. L. c. 127, § 38H, and G. L. c. 30A, § 14.”

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