Department of Corrections lawsuits/settlements (Department of Corrections)

Beryl Lipton filed this request with the Department of Corrections of New Hampshire.
Est. Completion April 5, 2016
Status
Partially Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the New Hampshire "Access to Government Records and Meetings" Statute (RSA Ch. 91-A), I hereby request the following records:

Copies of all reports, lists, or databases detailing the lawsuits, grievances, or other mediated conflicts in which this agency was listed as a party. This should include all such lawsuits and otherwise in which this agency was listed either as a plaintiff or a defendant in all instances through the end of 2015. This should also include all such lawsuits, settlements, and otherwise in which was named a party any representative of this agency, any individual acting in some capacity on behalf of this agency, or any company, corporation, or contractor providing services on behalf of this agency. Please include all available segregable data, including but not limited to the parties involved, the nature of the complaint, the date on which proceedings began, the date on which the resolution was reached, the nature of the resolution, the amount used to settle the conflict, any records related to associated legal fees incurred as part of the conflict, etc. This should include requests for funds used to cover settlement agreements, court costs, or other expenses related to lawsuits.

Further clarification can be provided upon request.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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 5 business days, as the statute requires.

Sincerely,

Beryl Lipton

From: Lyons, Jeffrey

Please refer to the attached response.

Most if not all of the documents you seek must be obtained from the New Hampshire Department of Justice. The attached letter will offer an explanation.

Jeffrey Lyons
Public Information Officer
NH department of Corrections

From: Beryl Lipton

Hello Mr. Lyons,

Thanks so much for your letter. It seems as though the Department is compiling some materials, yes?

"Notwithstanding these objections, the NHDOC will search for records with the Commissioner's office, Division Directors and Wardens and provided the records for the five years ending in 2015, subject to the exceptions identified herein, within 60 days."

I will also file a similar request with the Attorney General.

Thank you so much for your help.

Best wishes,
Beryl

From: Lyons, Jeffrey

Yes, we have begun the process of researching our files for such documents

Jeffrey Lyons
Public Information Officer
NH Department of Corrections

From: Lyons, Jeffrey

If you refer to our original letter of Jan 11, 2016 we said we would reply within 60 days. Under New Hampshire’s right to know law (RSA 91-A:2d-II) that applies to business days which are defined as “8 a.m. to 5 p.m. on Monday through Friday, excluding national and state holidays.” Sixty business days from January 11, 2016 would be on or about April 5, 2016.

Jeffrey Lyons
Public Information Officer
NH Department of Corrections

From: Lyons, Jeffrey

Dear Beryl Lipton,

This is in response to your e-mails. We completed our review of electronic and paper documents that are responsive to your request. Depending on the facility some of the documents are kept electronically and some are paper documents. A CD will be placed in the mail today with the documents that are kept electronically and sent by the US Postal Service to the address listed below.

We estimate that there are approximately 3,500 pages of paper documents that are responsive to your request. RSA 91-A:4, IV permits public bodies to charge a fee for the use of a photocopy machine to provide copies of these documents. The New Hampshire Department of Corrections charges .50/page per Policy, Procedure and Directive #7.42. Please provide payment in the amount of $1,750 and those documents will be photocopied and mailed to you. A check or money order should be made payable to Treasurer, State of New Hampshire, and mailed to NH Department of Corrections, Public Information Office, PO Box 1806, Concord, NH 03302.

Upon receipt of payment we will photocopy the documents.

Respectfully,

Jeffrey Lyons
Public Information Officer
NH Department of Corrections

From: Department of Corrections

A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.

From: Department of Corrections

A first set of responsive documents from the agency, with more to be sent at a specified date.

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