OPRA - police officer-involved lawsuits 2012-2019
Dear North Plainfield 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
From: Dominic DiYanni [mailto:[email address]]
Sent: Friday, May 29, 2020 2:43 PM
To: Tom Florek
Cc: [email address]; [North Plainfield Borough request email]
Subject: RE: OPRA Request No. 20-151
Good Afternoon
Our office does not maintain such a list and if the Borough does not
maintain such a list then no responsive records exist as to the request
below.
Thanks,
Dominic P. DiYanni, Esq.
Eric M. Bernstein & Associates, LLC
34 Mountain Boulevard, Bldg. A.
P.O. Box 4922
Warren, New Jersey 07059
(732) 805-3360 (phone)
(732) 805-3346 (fax)
Email: [email address]
From: Tom Florek <[email address]>
Sent: Friday, May 29, 2020 2:41 PM
To: Dominic DiYanni <[email address]>
Cc: [email address]; [North Plainfield Borough request email]
Subject: OPRA Request No. 20-151
Dominic:
Please review the below listed OPRA Request. We do not have any documents
pertaining to any/all law suits. This may have to go to Borough Attorney
should this document/s
exist in your archives.
Thank You,
From: Dominic DiYanni [mailto:[email address]]
Sent: Monday, June 01, 2020 9:28 AM
To: Rich Phoenix; 'Tom Florek'; StephanieSherwood
Cc: [email address]
Subject: RE: OPRA Request No. 20-151
Good Morning:
Please note that no such listing of lawsuits exist from our office.
Therefore, unless the Borough has such a document or can create the
document by generating a report with the click of a few buttons, then no
responsive records exist to the request. If the request would like to
clarify his request by identifying the litigation or docket number then
the documents and/or information being requested may be available to be
provided. However, as the request it written, it appears to be setting
the Borough up for a research project, which is certainly not obligated to
do under OPRA.
Thanks,
Dominic P. DiYanni, Esq.
Eric M. Bernstein & Associates, LLC
34 Mountain Boulevard, Bldg. A
P.O. Box 4922
Warren, NJ 07059
(732) 805-3360 (phone)
(732) 998-2637 (cell- telecommuting*)
*Currently, due to Executive Order 107 I am telecommuting in compliance
with same. Please continue to contact me through electronic messaging
and/or the phone number(s) listed above. Thank you.
From: Rich Phoenix <[North Plainfield Borough request email]>
Sent: Saturday, May 30, 2020 3:47 PM
To: 'Tom Florek' <[email address]>; Dominic DiYanni
<[email address]>; StephanieSherwood <[email address]>
Cc: [email address]
Subject: RE: OPRA Request No. 20-151
Again, Tom and all:
Appreciating your efforts on this matter, I will look to Dom for his
opinion to guide us, and thank you.
Yours faithfully,
Rich Phoenix, RMC
Borough Clerk
From: Tom Florek [[1]mailto:[email address]]
Sent: Friday, May 29, 2020 2:41 PM
To: [2][email address]
Cc: [3][email address]; [4][North Plainfield Borough request email]
Subject: OPRA Request No. 20-151
Dominic:
Please review the below listed OPRA Request. We do not have any documents
pertaining to any/all law suits. This may have to go to Borough Attorney
should this document/s
exist in your archives.
Thank You,
From: Betsy Gomes [mailto:[email address]]
Sent: Monday, June 08, 2020 8:53 AM
To: 'Rich Phoenix'
Subject: RE: OPRA Request No. 20-152
Hi Rich,
Attached is the information for the request but it is only from 2013-2019.
Our system does not go back to the requested start date and therefore is
not easily attained.
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Please be advised that the Borough of North Plainfield is subject to the
New Jersey Open Public Records Act. As such, any email sent or received by
the Borough may be subject to a records request.
From: Rich Phoenix [mailto:[North Plainfield Borough request email]]
Sent: Friday, June 05, 2020 3:05 PM
To: 'Betsy Gomes '
Subject: FW: OPRA Request No. 20-152