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Kenney v. Massachusetts State Police

United States District Court, D. New Hampshire

August 5, 2016

Lisa A. Kenney,
v.
Massachusetts State Police et al.[1]

          Lisa A. Kenney, Plaintiff, Pro Se.

          REPORT AND RECOMMENDATION

          ANDREA K. JOHNSTONE, Magistrate Judge.

         Pro se 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. § 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).

         I. Preliminary Review and Identification of Claims

         A. Standard

         The 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. § 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)).

         B. Background

         Ms. 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.

         Ms. 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.

         Ms. 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.

         Ms. 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.

         Ms. 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.

         Ms. 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.

         The Complaint includes six pages of bizarre or offensive internet postings from sources that appear to include "isitnormal.com" and "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 ...


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