MSP firearm discharge, UOF and incidents reports — January 2010 to Nov 2015

Shawn Musgrave filed this request with the Massachusetts State Police of Massachusetts.

It is a clone of this request.

Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:

All of the following documents for incidents where force was used and where investigations are closed:

-firearm discharge report(s)
-use of force report(s)
-incident report(s)

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Shawn Musgrave

From: O'Neil, Jenniffer (POL)

Good Afternoon Mr. Musgrave,

The Massachusetts Department of State Police ("Department") has received your request for Department records and considers your request as a submission pursuant to G.L. c. 66, §10, the Massachusetts Public Records Law. As a courtesy this letter is to notify you that your request has been assigned to a member of the Department's Legal Section for review. Upon completion of your request the Department will respond accordingly. Please be aware that:

*The Department may send you a good faith estimate for the cost of complying with your inquiry, since, pursuant to the Massachusetts Public Records Law, a records custodian may charge and recover a fee for the time he or she spends searching, reviewing, segregating, redacting, and re-filing a record. The Department may also apply a fee based on the number of pages copied and produced.
*Any response by the Department will be subject to the exemptions to the Public Records Law set forth in G.L. c. 4, sec. 7, cl. 26 (a)-(q).
*Under the Public Records Law, every requester is treated equally; therefore, even a person who is the subject of the record is not granted any greater access right than any other person.

Please note, I am in the process of conferring with various sections to determine the extent of responsive material. I will be in contact as soon as I have more information regarding the responsive material.

Your attention to this matter is greatly appreciated. If you have any questions, please do not hesitate to contact me.

Thank you.

Jenniffer P. O'Neil, Esq.
Staff Counsel
Department of State Police
State Police Headquarters
470 Worcester Road
Framingham, MA 01702
(508) 820-2348

From: O'Neil, Jenniffer (POL)

Dear Mr. Musgrave,

As you know, the Department has received your request for all firearm discharge reports, all use of force reports and all incident reports where force was used and the investigation is closed. Based on your request and the Department's inquiries so far, it appears that your request is very broad and would take a significant amount of time and resources to attempt to respond. I wanted to inquire, whether it is possible to narrow your request to a specific timeframe or incident you are seeking? Your current request does not identify any specific timeframe, but instead requests "all" reports which are closed where force was used.

I also wanted to clarify what incident reports you were seeking. Are you requesting those incident reports which correspond with responsive use of force reports and/or firearm discharge reports? Additionally, my colleague, Attorney Zawada, has a similar request from you for firearm discharge reports. Are you seeking the same information or is this a separate and distinct request for firearm discharge reports?

Thank you for your attention to this matter.

Jenniffer P. O'Neil, Esq.
Staff Counsel
Department of State Police
State Police Headquarters
470 Worcester Road
Framingham, MA 01702
(508) 820-2348

From: Shawn Musgrave

Ms O'Neil -

Sorry about that — I meant to request all such reports from January 2010 to the present.

This is a separate request from what I am working on with Ms. Zawada, I believe, whereas that request is for reports regarding a particular incident.

Thank you,
Shawn

From: Migliaccio, Jenniffer (POL)

Good Afternoon,

I wanted to check on the below clarification. Are you still seeking "all" reports that are closed and what incident reports are you seeking? I also wanted to inquire whether or not you already received the firearm discharge reports from my colleague, Attorney Zawada, as I believe that part of the request was submitted to her as well.

Thank you for your attention to this matter.

Jenn

Jenniffer P. Migliaccio (O'Neil), Esq.
Staff Counsel
Department of State Police
State Police Headquarters
470 Worcester Road
Framingham, MA 01702
(508) 820-2348

From: Shawn Musgrave

Hi Jenn -

Thanks for following up. I am in contact with Ms. Zawada, yes, as to the firearm discharge reports for the particular event I mentioned earlier.

This request pertains to incidents where force was used, from January 2010 to the present. For each of these events where the investigation is now closed, I am requesting the:

-firearm discharge report(s)
-use of force report(s)
-incident report(s)

Please let me know if you need further details on the above.

Best,
Shawn

From: Migliaccio, Jenniffer (POL)

Good Morning,

I have compiled some documents for you, but was hoping to discuss what we have available with you. Do you have time at some point to discuss? If so, let me know a number to reach you at or please call me at the number below.

Thank you.

Jenniffer P. Migliaccio (O’Neil), Esq.
Staff Counsel
Department of State Police
State Police Headquarters
470 Worcester Road
Framingham, MA 01702
(508) 820-2348

From: Shawn Musgrave

Hi Ms. Migliaccio -

I just left a voicemail with you — when is a better time to discuss?

Best,
Shawn

From: Migliaccio, Jenniffer (POL)

Hi Mr. Musgrave,

Just left you a voicemail. I am around all week. Hopefully we can touch base.

Thank you.

Jenn

Jenniffer P. Migliaccio (O’Neil), Esq.
Staff Counsel
Department of State Police
State Police Headquarters
470 Worcester Road
Framingham, MA 01702
(508) 820-2348

From: Shawn Musgrave

Hi Jenn -

Just returned your call and left a VM. When's a good time for us to discuss the records you've compiled?

Best,
Shawn

From: Shawn Musgrave

Hi Jenn -

Thanks for calling. Please send the DVD to:

MuckRock
DEPT MR 22504
411A Highland Ave
Somerville, MA 02144-2516

Best,
Shawn

From: Massachusetts State Police

A copy of documents responsive to the request.

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