Isaiah Moore v. Souza-Baranowski Correctional Center (SPR 20171124)

The Commonwealth of Massachusetts William Francis Calvin, Secretary of the Commonwealth Public Records Division Rebecca S Murray Supervisor of Records August 29,2017 SPRl711124 Steven Silva Superintendent Souza-Baranowski Correctional Center I Harvard Road Shirley, MA 01464 Dear Superintendent Silva: I have received the petition of Isaiah Moore appealing the response of the Souza- Baranowski Correctional Center (Center) to a request for public records. G. L. c. 66, 5 10A; see 950 C.M.R. 32.08(1). Specifically, Mr. Moore requested various documents relating to double-bunking and the treatment of handicapped inmates. Unsatisfied with the Center's August 11,2017 response, Mr. Moore petitioned this office and this appeal was opened as a result. Please note that the duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, 5 lO(a)(ii). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, 5 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 51 1 (1 995) (custodian has the burden of establishing the applicability of an exemption). In a conversation with a staff member of the Public Records Division, the Center indicated it will provide Mr. Moore a response addressing his concerns. Accordingly, I will now consider this appeal closed with the proviso that the Center provide a response to Mr. Moore within ten business days. Mr. Moore may appeal the substantive nature of the Center's response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Rebecca S. Murray Supervisor of Records cc: Isaiah Moore One Ashburton Place, Room 1719, Boston, Massachusetts 021 08 (61 7) 727-2832. Fax: (61 7) 727-5914 sec.state.ma.us/pre pre@sec.state.ma.us