OPRA - police officer-involved lawsuits 2012-2019
Dear Caldwell Borough,
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 in above.
Yours faithfully,
UC Research
Good Afternoon,
I have received your records request.
Brittany Heun
Deputy Clerk
Borough of Caldwell
One Provost Square
Caldwell, NJ 07006
973-403-4638
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From: Taeho Kim <[OPRA #12693 email]>
Sent: Wednesday, May 27, 2020 6:30 PM
To: Brittany Heun <[Caldwell Borough request email]>
Subject: OPRA request - OPRA - police officer-involved lawsuits 2012-2019
Dear Caldwell Borough,
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 in above.
Yours faithfully,
UC Research
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address for all replies to this request:
[OPRA #12693 email]
Is [Caldwell Borough request email] the wrong address for OPRA requests to Caldwell
Borough? If so, please contact us using this form:
[1]https://opramachine.com/change_request/n...
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To whom it may concern,
Your OPRA request for information regarding all police officer involved
lawsuits between 2012-2019 has been denied for the following reasons:
N.J.S.A. 47:1A-5.f states:
f. The custodian of a public agency shall adopt a form for the use of any
person who requests access to a government record held or controlled by
the public agency. The form shall provide space for the name, address, and
phone number of the requestor and a brief description of the government
record sought. The form shall include space for the custodian to indicate
which record will be made available, when the record will be available,
and the fees to be charged. The form shall also include the following: (1)
specific directions and procedures for requesting a record; (2) a
statement as to whether prepayment of fees or a deposit is required; (3)
the time period within which the public agency is required by P.L.1963,
c.73 (C.47:1A-1 et seq.) as amended and supplemented, to make the record
available; (4) a statement of the requestor's right to challenge a
decision by the public agency to deny access and the procedure for filing
an appeal; (5) space for the custodian to list reasons if a request is
denied in whole or in part; (6) space for the requestor to sign and date
the form; (7) space for the custodian to sign and date the form if the
request is fulfilled or denied.
In addition, The Borough of Caldwell and the Caldwell Police Department do
not maintain a “list” of all lawsuits involving any officer in the
Department and specific information related thereto, therefore we have “No
Responsive Records” related to this request.
With regards to copies of complaints in any lawsuits or cases in which any
police officer of the police department was involved between 2012 and
2019, the information has not been completed due to a formal, official
Borough of Caldwell OPRA form has not been completed and submitted.
I understand your email states you are not required to fill out an
official form but the OPRA Statute states otherwise. Please complete a
Borough of Caldwell OPRA form which is located on the Borough’s website
with the specific information you are requesting and the request will be
completed once it is received. If we do not receive an official form, we
will consider your non-response as an indication you no longer wish to
receive the information requested.
If you wish to discuss this further, please contact me at your
convenience.
Regards,
Sgt. Michael Pellegrino
OIC, Traffic Safety Bureau
Caldwell Police Department
1 Provost Square
Caldwell, NJ 07006
973-403-6733 office
973-226-0026 fax
[1][email address]
From: Brittany Heun [mailto:[Caldwell Borough request email]]
Sent: Thursday, May 28, 2020 8:54 AM
To: Sgt. Michael Pellegrino
Subject: Fw: OPRA request - OPRA - police officer-involved lawsuits
2012-2019
Good Morning,
Here is another OPRA for Police records.
Brittany Heun
Deputy Clerk
Borough of Caldwell
One Provost Square
Caldwell, NJ 07006
973-403-4638
________________________________________
From: Taeho Kim <[OPRA #12693 email]>
Sent: Wednesday, May 27, 2020 6:30 PM
To: Brittany Heun
Subject: OPRA request - OPRA - police officer-involved lawsuits 2012-2019
Dear Caldwell Borough,
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 in above.
Yours faithfully,
UC Research
-------------------------------------------------------------------
Please use deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #12693 email]
Is [Caldwell Borough request email] the wrong address for OPRA requests to Caldwell
Borough? If so, please contact us using this form:
[2]https://opramachine.com/change_request/n...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://opramachine.com/help/officers
View this OPRA request & responses online:
[4]https://opramachine.com/request/opra_pol...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.