Nicholas DiGenio Domestic Violence Arrest Report
Dear Fair Lawn Police Department,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
A copy of the January 24, 2016, Nicholas DiGenio Domestic Violence Arrest Report and all other related documentation; Investigation Report, Complaint Form, and Miranda Warning Form from the Fair Lawn Police Department. All documentation filed relating to this incident should be included in this OPRA Request.
Thank you. Please allow this email to confirm that we are in receipt of
your OPRA Request.
You will receive a response within 7 full business days.
Please note, that any future OPRA requests for the Borough of Fair Lawn
should be directed to me in the Office of the Municipal Clerk.
Respectfully,
Nick
Nicholas Magarelli, RMC
Municipal Clerk
Borough of Fair Lawn
8-01 Fair Lawn Avenue
Fair Lawn, New Jersey 07410
201-794-5340 – Phone
201-475-1581 – Fax
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recipient(s) is unauthorized. If you are not the intended recipient of
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taken in reliance on it, without the expressed written consent of the
Borough, is prohibited. If you have received this message in error, you
should not save, scan, transmit, print, use or disseminate this message or
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Good morning,
Attached are the records responsive to your request including the
Complaint-Warrant and CAD report.
Please be advised that these documents have been redacted to protect the
disclosure of personal identifying information including social security
numbers, telephone numbers, home addresses, driver’s license number, as
well as victim information pursuant to N.J.S.A. 47:1A-1, which provides
that “a public agency has a responsibility and an obligation to safeguard
from public access a citizen’s personal information with which it has been
entrusted when disclosure thereof would violate the citizen’s reasonable
expectation of privacy.” Serrano v. South Brunswick Twp., 358 N.J. Super.
352, 368-69 (App. Div. 2003).
Please be further advised that the Borough is in possession of an Incident
Report related to the complaint-warrant, however this record is exempt
from disclosure because it is a criminal investigatory record, and
specifically, incident reports are protected from disclosure pursuant to
N. Jersey Media Grp., Inc. v. Twp. of Lyndhurst, 229 N.J. 541 (2017) and
Paff v. Ocean Cty. Prosecutor’s Office, 235 N.J. 1 (2018).
Furthermore, a request for “[a]ll documentation filed” is invalid and not
subject to OPRA. See Spectraserv, Inc. v. Middlesex Cnty. Utilities
Auth., 416 N.J. Super. 565, 576-78 (App. Div. 2010); Doe v. Rutgers State
Univ. of N.J., 466 N.J. Super. 14, 28 (App. Div. 2021).
Finally, the Borough has no records responsive to the request for a
Miranda warning.
Thank you,
Coleen Goddel, RMC
Deputy Municipal Clerk
Borough of Fair Lawn
8-01 Fair Lawn Avenue
(o) 201-794-5340
(f) 201-475-1581
P Go Green - Please don't print this e-mail unnecessarily.
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NOTICE OF CONFIDENTIALITY
This message, including any prior messages and attachments, may contain
advisory, consultative and/or deliberative material, confidential
information or privileged communications of the Borough of Fair Lawn.
Access to this message by anyone other than the sender and the intended
recipient(s) is unauthorized. If you are not the intended recipient of
this message, any disclosure, copying, distribution or action taken or not
taken in reliance on it, without the expressed written consent of the
Borough, is prohibited. If you have received this message in error, you
should not save, scan, transmit, print, use or disseminate this message or
any information contained in this message in any way and you should
promptly delete or destroy this message and all copies of it. Please
notify the sender by return e-mail if you have received this message in
error.
References
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