OPRA - police officer-involved lawsuits 2012-2019
Dear North Haledon 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
I am forwarding your OPRA request to the Police Department.
Renate Elatab, Municipal Clerk
UC Research.
The North Haledon Police Department is requesting and extension for “OPRA
- police officer-involved lawsuits 2012-2019”.
Respectfully Submitted,
Det. Colleen Carver
103 Overlook Avenue
North Haledon, NJ 07508
973-423-1111
973-304-0978
[1][email address]
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UC Research,
The North Haledon Police Department is requesting and extension for “OPRA
- police officer-involved lawsuits 2012-2019”.
Respectfully Submitted,
Det. Colleen Carver
103 Overlook Avenue
North Haledon, NJ 07508
973-423-1111
973-304-0978
[1][email address]
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you are not the intended recipient of this email, you are hereby
notified that you have received this document in error and any review,
disclosure, dissemination, copying or distribution of this email or the
information contained in it is strictly prohibited. If you have received
this communication in error, please notify the sender immediately by reply
email message or by telephone and delete this original message from your
email system and/or computer database.
References
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1. mailto:[email address]
UC Research,
This office is in receipt of the OPRA Request you submitted dated May 27,
2020 (the 5/27/20 Request”). In the 5/27/20 Request, you have asked the
Borough of North Haledon (the “Borough”) to produce:
“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.”
The Borough is unable at the present time to provide documents in response
to the 5/27/20 Request for the following reasons:
1. With regard to request #1, the Borough does not maintain the list of
lawsuits and cases sought in the 5/27/20 Request and same cannot be
created through the simple modification of existing records. Since
request #2 is based upon the response to Request #1, no such records
are available.
2. The 5/27/20 Request is a broad general request for information. As set
forth in Bent v. Twp. of Stafford Police Dept., 381 N.J. Super. 30, 33
(App. Div. 2005), the Court held that the requestor’s general request
for information did not constitute a request for Government Records
and was therefore invalid. Also, in New Jersey Builders Association v.
New Jersey Council on Affordable Housing, 390 N.J. Super. 166 (App.
Div. 2006), the Court determined that OPRA does not authorize
requestors to make blanket requests for agency records. OPRA requires
a party requesting access to a public record to specifically describe
the document sought.
Based upon the foregoing, the Borough has no documents responsive to your
request.
Respectfully Submitted,
Det. Colleen Carver
103 Overlook Avenue
North Haledon, NJ 07508
973-423-1111
973-304-0978
[1][email address]
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you are not the intended recipient of this email, you are hereby
notified that you have received this document in error and any review,
disclosure, dissemination, copying or distribution of this email or the
information contained in it is strictly prohibited. If you have received
this communication in error, please notify the sender immediately by reply
email message or by telephone and delete this original message from your
email system and/or computer database.
References
Visible links
1. mailto:[email address]