Further, the Department argues that the records may potentially be used as an evidentiary exhibit in the aforementioned case while also revealing the identity, address, and exact nature of the alleged victims initial complaint The Department also cites 950 CMR 32.08(2)(b)(1), and refers to an ongoing criminal proceeding in the Plymouth District Court, contending these records are subject to a disputeinactivelitigation.
request and/or clarify its scope, as presented his request will lead to the production of a voluminous number of records, many of which may be subject to exemptions, including, but not limited to, the attorney-client privilege, pursuant to MGL c. 4, sec. 7(26)(a), which exempts records that are specifically or by necessary implication exempted from disclosure by statute; and 950 C.M.R. 32.08(2)(b)(1), pertaining to records that are the subjects of dispute
and/or officers and/or employees of the police department between the dates of May 1, 2022 and April 14, 2023 that make reference to and/or cite, in whole or in part, the following sentences (as they appear in said records, designated with quotation marks (example: Public Records), broadly construed. the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2); the responsive records in question are the subjects of dispute
and/or officers and/or employees of the police department between the dates of May 1, 2022 and April 14, 2023 that make reference to and/or cite, in whole or in part, the following sentences (as they appear in said records, designated with quotation marks (example: Public Records), broadly construed. the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) the responsive records in question are the subjects of dispute
Whereas the requested records in question are the subject of a disputeinactivelitigation, administrative hearing or mediation, I decline to opine on this matter at this time. See 950 C.M.R. 32.08(2)(b). It should be noted that a change in the status of this matter could impact the applicability of this determination. Sincerely, Rebecca S. Murray Supervisor of Records cc: Jennifer Hastings
and/or officers and/or employees of the police department between the dates of May 1, 2022 and April 14, 2023 that make reference to and/or cite, in whole or in part, the following sentences (as they appear in said records, designated with quotation marks (example: Public Records), broadly construed. the Department intends to withhold the records in their entirety pursuant to 950 CMR 32.08(2) the responsive records in question are the subjects of dispute
Derksen Page 5 June 27, 2023 SPR23/1256 With respect to records request 1, 2, and 5, these requested records are the subjects of a disputeinactivelitigation. See Hovsepian, Scott et al. v. Massachusetts Peace Officer Standards and Training Commission (Suffolk Superior Court Docket No.2284CV00906). In light of the pending litigation, I decline to opine on the portions of the requests numbered 1, 2 and 5 at this time.
See, e.g., SPR19/102 (Whereas the requested records are the subject of disputeinactive litigation, and in particular the subject of a discovery request, I decline to opine on this matter.).
See, e.g., SPR19/102 (Whereas the requested records are the subject of disputeinactive litigation, and in particular the subject of a discovery request, I decline to opine on this matter.). Moreover, upon information and belief, Bruce Friedman has also created a new email and has submitted further public records requests to Malden using the email address, ...@publicschoolsdata.com. By using a separate email address, Mr.