Settlement Structure: Claims Made
Active: Open
Case Summary:In Massachusetts, certain drug convictions were vacated and dismissed due to the misconduct of two former state chemists. The state is now settling a class action alleging that those who made case-related payments in these now-vacated convictions should get refunds and compensation for those payments. Some of the payments are Trial Court case-related payments and others are payments made to other government agencies.
Docket Number:1984CV03372
Company: Commonwealth of Massachusetts
Filing Deadline: January 1, 2100
Class Period: May 19, 2020
Objection Deadline: September 16, 2022
Final Approval Hearing: October 6, 2022
Proof of Purchase:You do not have to provide proof or fill out a claim form.
Eligibility:You may be eligible if
- You were convicted of state drug offenses under Massachusetts General Law 94C,
- Your conviction was, as of May 19, 2020, vacated and dismissed without the prospect of reprosecution because of the misconduct of former state chemists Annie Dookhan or Sonja Farak, and
- As a result of the vacation of your former conviction, can make a claim for monetary relief under Nelson v. Colorado, 137 S. Ct. 1249 (2017), and/or Commonwealth v. Martinez, 480 Mass. 777 (2018).
Benfits:
- Refund of all non-Trial Court case-related payments, such as parole fees, DNA collection fees, and driver’s license reinstatement fees, associated with the vacated drug conviction.
- For those without any surviving convictions, refund of all Trial Court case-related payments as well, such as victim-witness fees, probation fees, court costs, Chapter 94C fines and surfines, drug analysis criminal assessment fees, post-conviction GPS monitoring fees, and restitution.
- For those with surviving convictions, 50% refund of all Trial Court case-related payments.
- In addition to the refunds, payment of $150.
A dispute resolution process will be available for those who have reason to believe their refunds were miscalculated.
Total Settlement Amount: Unknown
Class Representative Proposed Incentive Fee:$10,000
Law Firms:
Fick & Marx, LLP
Sasson Turnbull Ryan & Hoose
Case Name: Foster et al. v. Commonwealth
Settlement Website: Drug Lab Refunds Website
Claims Administrator:
Rust Consulting, Inc.
Stacy Foster v. Commonwealth of Massachusetts – 7680
P.O. Box 2599
Faribault, MN 55021-9599
833-630-1415
