BY TIMOTHY LAROCHE
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CONCORD — A lawsuit stemming from the December death of a Cornish man while incarcerated in state prison is scheduled to continue next month.
The Disability Rights Center, a federally funded advocacy organization, filed suit this year against the New Hampshire Department of Correction requesting records related to the death of Philip Borcuk, 34.
Pretrial conferences are scheduled May 31 n U.S. District Court for New Hampshire.
Borcuk, a Cornish resident who was convicted in 2012 of theft, operating as a habitual offender and assault by prisoner, died due to self-inflicted injuries on Dec. 6 while he was alone in his cell in New Hampshire State Prison, according to court records.
According to the center’s lawsuit, Borcuk was placed in the prison’s residential treatment unit after he was diagnosed with a mental illness. He would have been eligible for parole starting Dec. 5, 2018.
The center is alleging that the prison failed in its duties to provide a safe setting for Borcuk, amounting to neglect under the requirements of a federal civil rights legislation. It is seeking records of the death that the department declined to provide, citing an ongoing investigation.
“It’s critical that DRC be able to fully investigate suspected abuse and neglect of people with disabilities in New Hampshire,” Andrew Milne, an attorney representing the Disability Rights Center, said. “Without prompt access to records, we cannot assess whether individuals’ rights are being respected, nor can we fulfill our federally mandated role to protect and advocate for people with mental illness.”
Last week, a federal judge ruled in favor of the center’s request for records. The department was given two days to comply with the order to provide all documents currently sought in the case, as well as three days to turn over any future documents that may arise.
“In this case, the evidence shows … that defendants unjustifiably failed to respond to DRC’s repeated, reasonable requests prior to this litigation,” U.S. District Judge Landya McCafferty said in her ruling. “In the face of these continued delays, the court is persuaded that DRC will continue to suffer irreparable harm in the absence of injunctive relief.”
Lawyers for the department replied in turn this week, denying any liabilities or damages.
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