Loveland v. Durham Police Department, Doc. No. 219-2001-E-157 (Strafford Super. Ct., September 12, 2001) (Fauver, J.)

[1]

STATE OF NEW HAMPSHIRE

STRAFFORD, SS. SUPERIOR COURT

01-E-157

Justin Loveland

v.

Durham Police Department

ORDER ON JOINT PETITION PURSUANT TO RSA 91-A:4 (I) and
REQUEST FOR COURT RULING

Based on the parties' offers at the expedited hearing on their joint petition and request for court ruling, the court orders that the Durham Police release their investigative file to Justin Loveland. The Durham Police file is stale: the County Attorney does not intend to prosecute the case, and the Durham Police have halted their investigation. Because there is no longer ongoing investigation into the subject matter of the Durham Police file, the file is not subject to the exemptions from disclosure under RSA 91-A. The court has read Petition of State of New Hampshire (Bowman Search Warrant), slip op. (July 16, 2001), 146 N.H. 621 (2001) and finds the case inapplicable.

So ORDERED.

Date: 9-12-01    /s/   

Peter H. Fauver

Presiding Justice