Adam Bradley v. Middlesex Sheriff's Office (SPR 20200109)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division

Rebecca S, Murray Supervisor of Records

January 30, 2020 SPR20/0109

Mr. Malav Patel Records Access Officer Middlesex Sheriff’s Office Legal Division

- 400 Mystic Avenue Medford, MA 02155

Dear Mr. Patel:

I have received the petition of Adam Bradley appealing the response of the Middlesex Sheriff's Office (MSO) to a request for public records. G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). Specifically, Mr.’ Bradley requested various records regarding an internal affairs investigation of a correctional officer and regarding a former detainee of the Middlesex House of Corrections.

' The MSO provided a response on December 23, 2019 denying the records request under Exemption (a); the Criminal Offender Record Information Act (G. L. c. 6, § 167), and - Exemption (f) of the Public Records Law. As a result, Mr. Bradley petitioned the Supervisor of Records (Supervisor), and this appeal was opened.

On January 30, 2020, this office was informed by the MSO’s Records Access Officer that the MSO is involved in active litigation in Middlesex County Superior Court with both Mr. Bradley and the identified former detainee at the Middlesex House of Corrections, and that the MSO is in the process of responding to discovery requests for the records requested. See Kevin Suarez v. Middlesex Sheriff's Office, et al, (Docket No. 1981CV00226); see also Adam Bradley

v. Middlesex Sheriff's Office, (Docket Nos. 1881CV02561 and 1981CV00555).

Active Litigation 950 C.M.R. 32.06(1)(g) provides in pertinent part:

-arequest for records in which an individual, or representative of the individual has a unique right of access by statutory, regulatory, judicial or other applicable means, shall not be considered a request for public records.

One Ashburton Place, Room 1719, Boston, Massachusetts 02108 * (617) 727-2832 Fax: (617) 727-5914 sec.state.ma.us/pre * pre@sec.state.ma.us

Malav Patel ~ SPR20/0109 Page 2 January 30, 2020

950 C.M.R. 32.08(2)(b) provides in pertinent part:

the Supervisor may deny an appeal for, among other reasons if, in the opinion of

the Supervisor: 1. the public records in question are the subjects of disputes in

active litigation, administrative hearings or mediation.

Whereas the public records in question are the subject of disputes in active litigation, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b) (the Supervisor may deny an appeal if, in the opinion of the Supervisor, “the public records in question are the subjects of disputes in active litigation, administrative hearings or mediation”). It should be noted that a change in the status of these actions could impact the applicability of 950 C.M.R. 32.08(2)(b).

Conclusion

Accordingly, I will consider this administrative appeal closed.

Sincerely,

Rebecca S. fabeeca Munay

Supervisor of Records

cc; Adam Bradley