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DISABILITIES RIGHTS CENTER, INC. v. COMM'R, N.H. DEPT. OF CORRECTIONS

No. 97-282.

143 N.H. 674 (1999)

DISABILITIES RIGHTS CENTER, INC. v. COMMISSIONER, NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS & a.

Supreme Court of New Hampshire.

June 29, 1999.

Attorney(s) appearing for the Case

Disabilities Rights Center, Inc., of Concord (Ronald K. Lospennato and Sheila Zakre on the brief, and Ms. Zakre orally), for the plaintiff.

Philip T. McLaughlin, attorney general (Daniel J. Mullen, senior assistant attorney general, on the brief and orally), for the defendants.

New Hampshire Legal Assistance, of Portsmouth (Alan Linder on the brief), for National Association of Protection and Advocacy Systems, as amicus curiae.

HORTON, J.

The plaintiff, Disabilities Rights Center, Inc., filed a petition in superior court under New Hampshire's Right to Know Law, see RSA ch. 91-A (1990); the Protection and Advocacy for Mentally Ill Individuals Act (PAMII), see 42 U.S.C. §§ 10801 et seq. (1994); and 42 U.S.C. § 1983 (1994), seeking access to records of the New Hampshire State Prison's Secure Psychiatric Unit (SPU). The Superior Court (Brennan, J.)...

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