Federal Judge Sets Trial Date for N.H. Disability Rights Center Suit on Dead Inmate Records

Jun 6, 2018

New Hampshire State Prison.
Credit NHPR File Photo
 

A judge has scheduled a trial on a lawsuit filed by The Disabilities Rights Center against New Hampshire corrections officials to obtain records about the death of an inmate with mental illness.

The non-jury trial was scheduled by U.S. District Court Judge Landya McCafferty for March 2019.

The Department of Corrections says 34-year-old Phillip Borcuk died in the state prison's residential treatment unit in December after he was heard "engaging in self-injurious behavior." The Disabilities Rights Center sued in February after the department failed to turn over records related to the death.

The judge ordered corrections officials to provide some records. Lawyers say in court paperwork that center's investigation is ongoing and is likely to continue to require more records. But they also anticipate a resolution before trial.