Beruflich Dokumente
Kultur Dokumente
ATTORNEYS AT LAW
1391 Main Street Suite 201
Springfield, MA 01103
Tel. 413-734-1002 866-813-2533
Fax 413-734-0029
www.pcalaw.net
Hours: M-F 9:00am - 5:00pm
Judd L. Peskin *
Nyles L. Courchesne*
Jonathan H. Allen
Katherine L. Milligan *
* also admitted in Connecticut
Of Counsel:
Richard P. Courchesne
Mr. Rooney seeks the investigative report which was prepared by the State Police. There are several
reasons why he requests this report. First, if the State Police concluded that the training officer
intentionally stabbed Mr. Rooney, an intentional tort may have been committed permitting Mr.
Rooney an action under the Massachusetts Tort Claims Act (G.L. C. 258, 9) directly against the
assaulting officer. Under Massachusetts pleading standards for civil actions knowledge of the
conclusion of the State Police, and in particular, the rationale for that conclusion will be of great
assistance to Mr. Rooney in meeting the requirements of Iannacchino v. Ford Motor Company, 451
Mass. 623, 636 (2008). Second, it is anticipated that the State Police investigative report will
identify Mr. Rooneys assailant who is currently unknown to Mr. Rooney. Third, it is anticipated
that the investigative report will identify all of the witnesses to the incident and will discuss in some
depth their individual observations, opinions and conclusions.
It is anticipated that the State Police may cite General Laws Chapter 4, 7, 26th (f) in support of a
refusal to produce the investigative report. That section exempts from public records that must be
produced pursuant to General Laws Chapter 66 Section 10:
investigatory materials necessarily compiled out of the public view
by law enforcement or other investigatory officials the disclosure of
which materials would probably so prejudice the possibility of
effective law enforcement that such disclosure would not be in the
public interest.
The investigative materials sought in this case, however, will not prejudice the possibility of
effective law enforcement such that their disclosure would not be in the public interest. In Globe
Newspaper Co. v. Police Commissioner of Boston, 419 Mass. 852 (1995), the investigatory materials
sought were far beyond a 53 page investigative report which had already been released to the public
by the Internal Affairs Department of the Boston Police. That report dealt with allegations of police
misconduct during a celebrated murder investigation. Rather, the Globe requested the release of
materials compiled during the investigation over and above the summary report, including statements
of witnesses and police officers. The Court held that police officers statements and related materials
were unprotected under the privacy exemptions of G.L. Chapter 4, 7, 26th (a) and (c) were also
unprotected by the investigatory exemption of General Laws Chapter 4, 7, 26th (f). The Boston
Globe case sought materials far beyond what Mr. Rooney is seeking. Mr. Rooney is seeking only
the complete investigative report prepared by the State Police including all appendices and exhibits.
Although he may seek at some later point seek the underlying statements of the witnesses, or other
additional information, he is not seeking neither at this time.
He respectfully asks the Supervisor of Public Records to grant his request for disclosure of the full
and complete State Police investigative report in light of the refusal by the State Police to respond
to his original request.
Respectfully submitted,
Attorney for Shawn Rooney