Linehan v. Durham Police Department, Doc. No. 219-2013-CV-474 (Strafford Super. Ct., May 19, 2011) (Wageling, J.)


The State of New Hampshire


James D. Linehan


The Town of Durham Police Department
and its
Police Chief David Kurz

Docket No.: 219-2011-CV-198


Now before the Court is James D. Linehan, Petitioner, with a Request for Injunctive Relief within which he claims that he provided a Right to Know request to the Durham Police Department, which has not been complied with, pursuant to RSA 91-A.

A hearing was held on this date during which Respondent, Chief David Kurz of the Durham Police Department ("Durham Police"), provided a response to Mr. Linehan's petition for injunctive relief. After hearing from both parties, the Court hereby orders the Durham Police to respond to Mr. Linehan's Right to Know request, and come into full compliance with New Hampshire RSA 91-A as it relates to his request. Specifically, the Durham Police shall inform Mr. Linehan if it is able or unable to make the records available for inspection and copying within five (5) business days at the issuance of this Order. If the Durham Police denies Mr. Linehan's request or cannot make the records immediately available, it shall notify Mr. Linehan in writing and state the reasons for the failure to disclose. RSA 91-A:4, IV.

The Court's Order in no way obligates the Durham Police to furnish the requested information inasmuch as the Court is unaware if the requested information fails within any of the exemptions listed in RSA 91-A:5.

Lastly, the Court declines to Order costs to Mr. Linehan pursuant to RSA 91-A:8.

So Ordered.

DATED: May 19, 2011    /s/   

Hon. Marguerite L. Wageling

Presiding Justice