Lawsuit Challenges State Police Redaction of 2021 Harassment Report
A journalist is suing the Department of Administrative Services over a 27-page document in which substantive details about a sergeant's alleged misconduct were removed without citing specific legal exemptions.
By Julia Wang ·
A lawsuit filed in Merrimack Superior Court challenges the New Hampshire Department of Administrative Services for redacting most of a 2021 investigative report regarding sexual harassment allegations against a state police sergeant.
The dispute centers on a request submitted by journalist Damien Fisher on March 30, 2026. Fisher sought a copy of the Division of Personnel investigative report into allegations against State Trooper Justin Rowe. Eighty-seven days later, the department provided a 27-page document. The response stated that portions were redacted after balancing privacy interests against the public interest in keeping with specific guidance from the Attorney General’s office. The department cited no specific exemption under RSA 91-A:5.
The 2021 allegations originated while Rowe served as an internal affairs investigator in the Professional Standards Unit. Trooper Haden Wilber, whom Rowe was investigating, reported the harassment. Wilber was fired in August 2021 following an illegal search of a Maine woman. The state agreed to a $215,000 settlement to dismiss that separate lawsuit. Wilber alleged that Rowe told a female employee in the Gun Line Unit she looked sexy when she smokes and that he wanted to see her tattoos. Wilber stated Rowe compared himself to Christian Grey and the employee to Anastasia Steele, characters from the 50 Shades of Grey novels.
Attorney Tony Soltani represents Fisher in the new suit. Soltani said the state’s silence and redaction strategy are unusual in New Hampshire. He noted that the state Supreme Court has repeatedly ruled that government officials must help people gain access to documents. Soltani argued that blanket exemptions are illegal and that officials must specify which legal exemption applies to denied access. He described the department's handling of his follow-up communications as unprofessional, stating they fell off the face of the Earth after promising to respond.
The state police department deferred questions on the matter to Michael Garrity, spokesman for the New Hampshire Office of the Attorney General. Garrity said the office has not received the complaint. He added that once received, the office will review it and respond in court as appropriate in due course. Rowe was transferred from the Professional Standards Unit to the Major Crimes Unit in 2021. The Major Crimes Unit investigates homicides and works closely with the Attorney General’s Office.
The complaint outlines a three-step legal analysis for disclosure claims under RSA 91-A:5, IV. Courts must determine if disclosure implicates a privacy interest, if there is a public interest in the record, and if that public interest outweighs the privacy interest. Soltani argues the report is subject to this balancing test rather than categorical withholding. The department withheld information regarding the summary of complaints, witnesses interviewed, evidence gathered, and final findings on policy violations.
Soltani is seeking several remedies from the court. These include an order for the department to disclose the material and list any exemptions properly. He also wants a judge to resolve disputes over the withholding of witness identities. The lawsuit asks the court to declare that records pertaining to internal personnel practices and investigative reports concerning alleged misconduct by sworn officers are not categorically exempt from disclosure. Soltani is also seeking an injunction against future violations of RSA chapter 91-A, remedial training for responsible officials, and reasonable attorney’s fees and costs. A civil penalty of between $250 and $2,000 may be imposed if an official is found to have violated the chapter in bad faith.
