NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule
23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,
as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties
and, therefore, may not fully address the facts of the case or the panel's
decisional rationale. Moreover, such decisions are not circulated to the entire
court and, therefore, represent only the views of the panel that decided the case.
A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,
2008, may be cited for its persuasive value but, because of the limitations noted
above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260
n.4 (2008).
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
25-P-406
DARIUS GIBSON
vs.
COMMONWEALTH & others.
1
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
The plaintiff's complaint requesting records from the
defendants was dismissed by a Superior Court judge. We affirm.
The plaintiff submitted a public-records request to Kate
Silvia, the communications director and public records manager
of the Massachusetts Department of Correction (DOC), requesting
e-mail messages exchanged between her and Daryl Glazer, an
attorney for DOC. The e-mail messages regarded the plaintiff's
prior public-records request relating to a then-pending Superior
Court case in which Glazer represented DOC. Silvia responded to
1
Kate Silvia, individually and as communications director
and public records manager of the Massachusetts Department of
Correction (DOC), and Daryl Glazer, individually and as attorney
for DOC.
