United States District Court, D. New Hampshire
Lisa A. Kenney,
Massachusetts State Police et al.
A. Kenney, Plaintiff, Pro Se.
REPORT AND RECOMMENDATION
K. JOHNSTONE, Magistrate Judge.
plaintiff Lisa A. Kenney has filed a complaint (doc. no. 1),
an addendum to the complaint (doc. no. 6), and a motion to
subpoena records (doc. no. 7), which includes factual
assertions that the court construes as a complaint addendum.
The complaint and those addenda (doc. nos. 1, 6, and 7) are
before the court for preliminary review. See 28 U.S.C. Â§
1915(e)(2); LR 4.3(d)(2). Ms. Kenney has also filed a motion
for a preliminary injunction (doc. no. 2), which is here for
a report and recommendation as to disposition. See July 27,
2016, Order (doc. no. 5).
Preliminary Review and Identification of Claims
magistrate judge conducts a preliminary review of complaints
filed in forma pauperis. The magistrate judge may recommend
to the district judge that one or more claims be dismissed
if, among other things, the court lacks jurisdiction, the
action is frivolous or malicious, or the complaint fails to
state a claim upon which relief may be granted. See 28 U.S.C.
Â§ 1915(e)(2); LR 4.3(d)(2). In conducting its preliminary
review, the court construes pro se complaints liberally. See
Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per
curiam). Disregarding any legal conclusions, the court
considers whether the factual content in the pleading and
inferences reasonably drawn therefrom, taken as true, state a
claim to relief. Hernandez-Cuevas v. Taylor, 723
F.3d 91, 102-03 (1st Cir. 2013) (citing Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009)).
Kenney lived in Massachusetts until she moved to New
Hampshire in 2013. Most of the allegations in the complaint
relate to matters that occurred while Ms. Kenney lived in
Massachusetts, and all of the defendants named by Ms. Kenney
are Massachusetts residents.
Kenney alleges that defendant Massachusetts State Police
("MSP") Trooper William Kenney, is her ex-husband.
They separated in 1998 and later divorced. Ms. Kenney alleges
that her ex-husband's divorce attorney, Attorney Kathleen
Morrissey, abused the Massachusetts probate court process to
harass Ms. Kenney in 2010. Ms. Kenney further alleges that
private investigators, including defendant Robert Long,
watched her as recently as 2009 at her ex-husband's
behest, in connection with an effort to interfere with her
social security disability benefits and/or her efforts to
increase the amount of child support she was receiving.
Kenney states that she had a romantic relationship with
defendant MSP Sgt. Charles Kane in 2006-2007, that she dated
MSP Trooper David Manning for a period of time in 2007, and
that neither of those relationships ended amicably. She
alleges that prior to 2010, Manning admitted that he had
hacked her bank and email accounts and had access to her home
and car. Ms. Kenney claims that, beginning in 2010, Kane,
Manning, and/or her exhusband, intensified their efforts to
track her daily activities after she filed a motion in
probate court in Massachusetts requesting an increase in
child support, and after she filed police misconduct
complaints asserting that those individuals were harassing
her in and near her home, and through the internet.
Kenney specifically alleges that a third party, named
"Darcy" or "Tippy, " acting at
Manning's behest, broke into her car and home in
Massachusetts in 2010, took things, and put a surveillance
camera into her bathroom. Ms. Kenney alleges that images of
her using the bathroom have been published on the internet
and are the topic of internet postings she attributes to
defendants or their agents. She alleges that videos of her or
other women engaged in sexual acts, taken without consent,
were published on the internet in 2008 by the defendant
police officers and their operatives.
Kenney alleges that since about 2010, she has filed numerous
misconduct complaints about Manning's, Kane's, and
her ex-husband's misuse of authority and surveillance
techniques. Her complaints to MSP Col. Richard McKeon have
not yielded corrective action, and she alleges her requests
for internal MSP investigations have been ignored.
Kenney asserts that since she moved to Manchester, New
Hampshire, in 2013, Manning arranged for different third
parties, including her neighbor, "Angel" or
"Angel Phillips, " to place surveillance cameras in
and around her property. She alleges one such camera mounted
near Angel's door shows her coming in and out of her
front door, and she has interpreted public internet posts to
indicate that Manning and his agents plan to use a
submersible camera to record her bathroom activities. Angel,
she alleges, has stood outside her door, at Manning's
behest, threatening to shoot and kill her, and uses epithets
and slurs she recognizes as things Manning has said. Ms.
Kenney states that a new drill hole has appeared near the
shower in her apartment. As there is no camera in that hole,
she claims the drill hole is simply there to harass her.
Complaint includes six pages of bizarre or offensive internet
postings from sources that appear to include
"providence.craigslist.org." Ms. Kenney states that
the photocopies are exhibits of a large collection of coded
postings she has found on websites, including craigslist and
eBay, which she believes have been authorized by Manning and
other police operatives. All of the postings but one - which
lacks a date - appear to have been downloaded in 2010; most
are written by people who do not appear to have used real
names; and none of them appears on its face to have been
written by or to any party in this case, about any matter at
issue here. Ms. Kenney alleges that in such postings,
defendants and other unnamed police officers, using
pseudonyms and ...