OPRA - police officer-involved lawsuits 2012-2019
Dear Franklin 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
Dear Ms. Taeho,
The Borough of Franklin received your written OPRA request via e-mail on
Wednesday, May 27, 2020 wherein you requested 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 in above.
With respect to Item 1, please be advised that an OPRA request, by
definition, must seek a specific government record. OPRA creates no
obligation on the public entity to create new records that do not already
exist. Further, courts have routinely denied OPRA requests that seek only
information, as opposed to a specific government record. In Item 1, you
requested a “list” of “all lawsuits” in which “any officer of the police
department was involved” for a seven year period. In addition to the
foregoing, you request specific case information. In response to this
Item, there is no such list in the Borough’s custody or control that
summarizes the information that you seek. Since no document responsive to
Item 1 exists, this Item is now closed.
With respect to Item 2, please be advised that your request, as presented
is vague and overly broad. Specifically, your request fails to identify
with reasonable clarity the specific government records sought as is
required by Bent v. Stafford Police Department, 381 N.J. Super. 30, 37
(App. Div. 2005). You seek “complaints” of “all lawsuits” in which “any
officer of the police department was involved” for a seven year period.
There are numerous ways a police officer can be “involved” in a case,
either directly (a named party) or indirectly (a witness). Before
conducting a search for any responsive records, if any, and by way of
further clarification, please advise if the cases you seek are limited to
those in which a Borough police officer was a named defendant.
Additionally, please advise if the “complaints” you seek are limited to
those filed in the Superior Courts of the State of New Jersey and/or
United States District Court, District of New Jersey. Once we receive
clarification from you, we will endeavor to locate responsive records to
the extent any exist.
Please respond in writing so that we may process your request. Failure
to provide written clarification of your request will result in the
closure of this OPRA request.
Very truly yours,
Darlene J. Tremont
Municipal Clerk
Borough of Franklin
46 Main Street
Franklin, NJ 07416
973.827.9280 x101
Dear Ms. Taeho,
As you can see on May 28, 2020, the Borough requested clarification for
OPRA request received on May 27, 2020. To date I have not received a
clarification. Please respond in writing by Wednesday, June 17, 2020, so
that we may process your request. Failure to provide clarification of
your request by the date provided will result in the automatic closure of
this OPRA request.
Respectfully,
Darlene J. Tremont
Municipal Clerk
Borough of Franklin
46 Main Street
Franklin, NJ 07416
973-827-9280 ext. 101
From: Darlene Tremont <[1][email address]>
Sent: Thursday, May 28, 2020 1:52 PM
To: Taeho Kim <[2][OPRA #12742 email]>
Subject: Re: OPRA request - OPRA - police officer-involved lawsuits
2012-2019
Dear Ms. Taeho,
The Borough of Franklin received your written OPRA request via e-mail on
Wednesday, May 27, 2020 wherein you requested 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 in above.
With respect to Item 1, please be advised that an OPRA request, by
definition, must seek a specific government record. OPRA creates no
obligation on the public entity to create new records that do not already
exist. Further, courts have routinely denied OPRA requests that seek only
information, as opposed to a specific government record. In Item 1, you
requested a “list” of “all lawsuits” in which “any officer of the police
department was involved” for a seven year period. In addition to the
foregoing, you request specific case information. In response to this
Item, there is no such list in the Borough’s custody or control that
summarizes the information that you seek. Since no document responsive to
Item 1 exists, this Item is now closed.
With respect to Item 2, please be advised that your request, as presented
is vague and overly broad. Specifically, your request fails to identify
with reasonable clarity the specific government records sought as is
required by Bent v. Stafford Police Department, 381 N.J. Super. 30, 37
(App. Div. 2005). You seek “complaints” of “all lawsuits” in which “any
officer of the police department was involved” for a seven year period.
There are numerous ways a police officer can be “involved” in a case,
either directly (a named party) or indirectly (a witness). Before
conducting a search for any responsive records, if any, and by way of
further clarification, please advise if the cases you seek are limited to
those in which a Borough police officer was a named defendant.
Additionally, please advise if the “complaints” you seek are limited to
those filed in the Superior Courts of the State of New Jersey and/or
United States District Court, District of New Jersey. Once we receive
clarification from you, we will endeavor to locate responsive records to
the extent any exist.
Please respond in writing so that we may process your request. Failure
to provide written clarification of your request will result in the
closure of this OPRA request.
Very truly yours,
Darlene J. Tremont
Municipal Clerk
Borough of Franklin
46 Main Street
Franklin, NJ 07416
973.827.9280 x101