Luz v. Commissioner of Correction

As in Hutton v. Superintendent, M.C.I., Norfolk, decided today and reported ante 304 (1998) the plaintiff is a former prisoner who claims civil damages for wrongful incarceration that resulted from a miscalculation of his discharge date from prison. In a proceeding in the Superior Court having to do with the application of G. L. c. 279, § 8A, as in the Hutton case, a judge of that court determined the plaintiff Luz had been wrongfully confined for 261 days. In another proceeding, having to do with the application of G. L. c. 127, § 149, a second judge determined that Luz had been wrongly…