NCCI - Gardner - Use of Force Reports - January 1, 2020 - June 15, 2020

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

All records related to all use of force incidents (spontaneous, planned, or otherwise) occurring under the jurisdiction of this facility, including all instances of chemical agents, for the period from January 1, 2020 through the date this request is processed.

Please provide all materials related to uses of force, including but not limited to those that would fall under retention requirements of the Massachusetts Statewide Records Retention Schedule, which include:

• "J08-13: Use of Force Reports/Package - Documents the use of force by employees within DOC. Includes use of force reports, incident and reports, summary from shift commander, cover letter from Superintendent to Special Operations, and applicable video."
• "J07-16: Inmate Restraint, Seclusion, and Monitoring Records - Retain 10 years when filed separately from “Inmate Institutional Case File (J08-05) - Documents orders to authorize and regulate chemical and non-chemical restraint and/or seclusion or isolation administered to inmates who may be a danger to themselves or others. Includes restraint and seclusion orders, logs, and related correspondence."

If your office has questions or concerns about processing this request, please let me know.

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 there are fees, 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 business days, as the statute requires.

Sincerely,

Beryl Lipton