To: ASK NJ Media Co:

This email timely responds to the below records request, which
specifically describes the records sought as follows:

Entire files, including but not limited to, copies of any and all police
reports, photos, and videos prepared and/or generated regarding the case
of Nakee Davis-Ruffin. Mr Davis-Ruffin's arraignment was before Judge
Oxley on 5-5-2020.

This request is denied on the ground it is overbroad and, therefore,
invalid. 

OPRA [does not] authorize a party to make a blanket request for every
document a public agency has on file.  Rather, a party requesting access
to a public record under OPRA must specifically describe the document
sought.  OPRA operates to make identifiable government records readily
accessible for inspection, copying or examination.  As such, a proper
request under OPRA must identify with reasonable clarity those documents
that are desired, and a  party cannot satisfy this requirement by simply
requesting all of an agency’s documents.  OPRA does not authorize
unbridled searches of an agency’s property.

Bent v. Township of Stafford Police Dep’t, 381 N.J. Super. 30, 37 (App.
Div. 2005) (internal citations, quotations omitted).   See also
Spectraserv, Inc. v. Middlesex Cty Utilities Auth., 416 N.J. Super. 565,
577-78 (App. Div. 2010) (finding OPRA request for “an entire project file”
improper because it failed to identify specific documents).

There will typically be applicable OPRA exemptions when the contents of a
criminal file are requested, the “criminal investigatory records”
exception being the most obvious.  N.J.S.A. 47:1A-1; North Jersey Media
Gp., Inc. v. Township of Lyndhurst, 229 N.J. 541, 569 (2017)
(investigative reports and witness statements about criminal incident
“fall within the “criminal investigatory exception” under OPRA); Serrano
v. South Brunswick Twp., 358 N.J. Super. 352, 356-57, 360, 370 (App. Div.
2003) (affirming dismissal of portion of complaint regarding
non-disclosure of police and EMT reports under OPRA, on the ground such
documents were “criminal investigatory records”).  With reference to your
request, we have not analyzed any particular record in light of the OPRA
exemptions because the request itself – for “entire files” – is invalid. 

Additionally, your request for “files” does not include case identifiers
other than the defendant’s name and date of arraignment.  An OPRA request
must identify with “reasonable clarity” the documents that are desired so
that they may be “readily and reasonably identified within the short time
frame within which government custodians must respond.”  Spectraserv, 416
N.J. Super. at 576.  Providing identifiers that include the date/town of
offense and/or arrest; the nature of the charges; and/or a case or
indictment number would provide the particularity to ensure we are aware
of all of (but no more than) the records that you seek.

Finally, the request also is denied under the common law.  The face of the
request acknowledges that the requested records relate to open charge(s),
i.e., a case or cases at the arraignment stage.  The State’s interest in
maintaining the integrity of its investigation/prosecution at this stage
outweighs the media’s interest in access.  North Jersey Media Gp., 229
N.J. at 580.  Your failure to identify any particular record prevents the
undersigned from performing, with any greater specificity, the “careful,”
“sensitive” balancing analysis required under the common law.   Ibid.

In the event of a clarification or appeal, this Office reserves the right
to raise any other ground for denial not raised in this response.  Failure
of this office to assert an exemption or privilege at this time should not
be considered a waiver of any grounds for denial.

Respectfully,

Mary R. Juliano

Assistant Prosecutor

Monmouth County

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I'm sorry, I not sure I understand your question. Are you asking me to find a file, go through it, identify all of the documents it contains, and then give you the names of those documents so that you know what to ask for?
That is not a valid OPRA request, because it's a request for information rather than for a particularly described record.

I'm not even clear what file your request referred to. My search showed one case with the defendant's name that was arraigned 5/5. But your request said "files." I can't be sure my search returned everything. And you didn't provide any case identifiers. I cannot tell you what you're looking for. And I am not going to research everything we have and tell you about it so you can choose what you want.

If your follow-up email (of 2:56 p.m.) was intended to be a second OPRA request, it is denied.

Respectfully,
Mary Juliano
Assistant Prosecutor
Monmouth County

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Responsive records are attached.

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