OPRA: police officer-involved lawsuits 2012-2019
Dear Town of Guttenberg,
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:
1. A list of all lawsuits and cases in which any officer of the police department was involved between 2012 and 2019. For each lawsuit/case, please provide the date (month and year) of the alleged incident at issue, whether the alleged incident was excessive force, settlement amount (if any), and final compensation amount ruled (if any).
2. Please provide copies of the complaint in any lawsuits and cases described above.
Yours faithfully,
UC Research
Attached please find your OPRA response.
Johanna Fermaint
Deputy Town Clerk/CMR
Town of Guttenberg
6808 Park Avenue
Guttenberg, NJ 07093
[1][email address]
201-868-2315 ext. 179
201-868-9332 (fax)
From: Jorge de Armas <[email address]>
Sent: Tuesday, June 16, 2020 4:01 PM
To: Albert Cabrera <[Town of Guttenberg request email]>
Cc: Johanna Fermaint <[email address]>; Cosmo Cirillo
<[email address]>; m jimenez <[email address]>
Subject: OPRA 118-20 - Response
Dear Mr. Cabrera:
Enclosed please find records identified as being potentially responsive to
the above OPRA request 118-20, provided to us for review, that consists
of:
1. Complaints; and
2. Settlement Agreement.
As to Part 1 of the request, that request should be denied as a request
for information for information and not of record as understood in Bent
v. Twp. of Stafford Police Dep't, 381 N.J. Super. 30, 31 (App. Div. 2005)
and MAG Entm't, LLC v. Div. of Alcoholic Beverage Control, 375 Super.
534, 549 (App. Div. 2005). A proper request “must identify with
reasonable clarity those documents that are desired.” Ibid. Nevertheless,
no lists of the type requested have been identified as responsive.
The within documents are provided merely because they have been identified
as responsive to the requestor’s request under the Open Public Records
Act, N.J.S.A. 48:1A-1 et seq., and are subject to disclosure under OPRA
and for no other reason or purpose.
Neither this production nor anything contained in this production of
records is intended to - nor shall be taken as - an admission,
statement, or representation, whether express or implied, as to any
statement, averment or allegation contained in any of the provided
complaints settlements, or other provided records, or any matter raised or
referred to therein, including but not limited to any an admission,
statement, or representation concerning the accuracy or veracity of same
or any part thereof, on behalf of the Town, or its officers, employees, or
agents, past or present.
This memorandum can be provided to the requestor.
Please let us know of any questions.
Thank you,
[2]Jorge R. de Armas | Counsel
[3][email address] | [4]Bio | [5]vCard | [6]LinkedIn
Direct Phone: 201-896-7232 | Direct Fax: 201-896-7234
[7]SCARINCI | HOLLENBECK
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P: 201.896.4100 | F: 201.896.8660
[9]SH-LAW.com | New York | New Jersey | Washington, D.C.
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