OPRA: police officer-involved lawsuits 2012-2019
Dear Wall Township,
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
The Wall Township Clerk’s office is in receipt of your OPRA request. Per Assembly Bill No. A3849 of the State of New Jersey, "during a state of emergency, public health emergency, or state of local disaster emergency, a custodian of a government record for a public agency will be required only to make a reasonable effort to respond to a request for a government record within seven business days, or as soon as possible thereafter, as the circumstances permit". Please refer to this request as 218-2020 in any future correspondence.
Keri Pagnoni, RMC, CMR
Deputy Clerk, Deputy Registrar
2700 Allaire Road
Wall, NJ 07719
(732)449-8444 ext. 2262
Fax: (732)449-8992
The Township of Wall (“Wall Township”) Records Custodian received your Open Public Records Act (“OPRA”) request on May 28, 2020. Per Assembly Bill No. A3849 of the State of New Jersey, " During a period declared pursuant to the laws of this State as a state of emergency, public health emergency, or state of local disaster emergency, the deadlines by which to respond to a request for, or grant or deny access to, a government record under paragraph (1) of this subsection or subsection e. of this section shall not apply, provided, however, that the custodian of a government record shall make a reasonable effort, as the circumstances permit, to respond to a request for access to a government record within seven business days or as soon as possible thereafter.
For ease of reference, your OPRA request seeks the following:
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.
Your request does not name specifically identifiable records and is overly broad and would require the Record Custodian to conduct research. In addition, no such spreadsheet exists/ is maintained by the Township. As such, your request is being denied pursuant to the following court decisions: MAG Entertainment, LLC v. Division of Alcoholic Beverage Control, 375 N.J .Super. 534 (App. Div. 2005), Bent v. Stafford Police Department, 381 N.J. Super. 30 (App. Div. 2005), New Jersey Builders Association v. New Jersey Council on Affordable Housing, 390 N.J. Super. 166 (App. Div. 2007), and Schuler v. Borough of Bloomsbury, GRC Complaint No. 2007-151 (February 2009).
Keri Pagnoni, RMC, CMR
Deputy Clerk, Deputy Registrar
2700 Allaire Road
Wall, NJ 07719
(732)449-8444 ext. 2262
Fax: (732)449-8992
Visit us at http://wallnj.com/211/Clerks-Office