The information requested regarded police conduct and citizen complaints from January of 1997 through August of 1998, approximately 125 closed case files. The City produced 20 redacted files. T&G appealed to the Supervisor of Public Records (supervisor). The supervisor ordered disclosure within ten days. The City provided 92 citizen complaints in 1999 with all pertinent information redacted. T&G moved for a preliminary injunction and argued that they were entitled to unredacted records and to a judgment as a matter of law because the supervisor deemed the records public. The City argued that the documents were exempt because they 1) related to internal personnel rules and practices; 2) contained data related to a specifically named individual, which may constitute an unwarranted invasion of privacy; and 3) were investigatory materials that would probably prejudice effective law enforcement.
The court ruled that T&G had failed to establish a reasonable chance of success, the City was likely to suffer irreparable harm, and that "Once freed, the genie cannot be returned to the bottle." The motion was denied. See: The Chronicle Publishing Company v. Gardella, 10 Mass. L. Rep. 173 (Mass. Super. 1999).
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Related legal case
The Chronicle Publishing Company v. Gardella
|Cite||10 Mass. L. Rep. 173 (Mass. Super. 1999)|
|Level||State Trial Court|