Annual use of force analysis

Mr. Feathers,

I received this request through the NEMLEC mailbox. I am working on this request as we are in the process of hiring an Executive Director and our Administrative Assistant resigned this week to accept a full-time job. I plan to provide an update later this week on information I locate.

Sincerely,

Chief John C. Fisher

Carlisle Police Department

41 Lowell Street

Carlisle, MA 01741

p- (978) 369-1155

NEMLEC President

Good Afternoon Todd,

I have an unusual reply to your request. All of the documents we have that you have requested are posted on the ACLU Website https://aclum.org/nemlec-swat-team-documents/ . To my knowledge, these documents are all that we possess with 2 exceptions. The first is a Lowell case that occurred on May 17th of this year. That case is pending and is scheduled to be heard August 10, 2016. The second is a case from Sommerville in November 2015. I sought legal advice on that case. Our attorney asked me to send the below copied response on this case, which was medical and not criminal. I understand that accessing our documents through the ACLU website is unusual, but the alternative is that I would need to go to the office, access these exact documents that we previously redacted, and send them to you. I do not want to estimate a cost for you to do that work, but will if that is your specific request.

Email to Lowell Sun:

Hello Mr. Feathers:

Highly sensitive information pertaining to an individual’s medical history, marital status, a family dispute, social security numbers and facts which could seriously impact an individual’s reputation have been redacted or withheld under the second clause to exemption (c), which precludes disclosure of "any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy.” M.G.L. c.4, §7(26)(c). Such information constitutes “intimate details of a highly personal nature,” and may be redacted unless there is a paramount public interest in disclosure. Attorney General v. Assistant Commissioner of the Real Property Department of Boston, 380 Mass. 623, 625 (1980); see also, Public Records Guide, p.11-13 (noting that “medical information will always be of a sufficient personal nature to warrant exemption,” and that examples of intimate details include “marital status, paternity, substance abuse, family disputes and reputation”). Here, the information relates to an individual’s marital status and family relations. At this time, the public interest in releasing such information does not outweigh the privacy interest associated with the disclosure.


For the reasons stated herein, portions of the requested records are not subject to public disclosure. Pursuant to 950 CMR 32.08(2) and M.G.L. c.66, §10(b), you have a right to appeal this decision to the Supervisor of Public Records within 90 days of receipt of this response.

Sincerely,

John Fisher

Chief John C. Fisher

Carlisle Police Department

41 Lowell Street

Carlisle, MA 01741

p- (978) 369-1155

NEMLEC President

Dear Mr. Feathers,

Any use of force is documented in the After Action Report that our participants do for NEMLEC. If individual police departments have a separate use of force report, they are stored at the department with the rest of the case materials.

Chief John C. Fisher

Carlisle Police Department

41 Lowell Street

Carlisle, MA 01741

p- (978) 369-1155

NEMLEC President