OPRA - police officer-involved lawsuits 2012-2019
Dear West Wildwood 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
June 9, 2020
Taeho Kim
Dear Mr. Kim,
The Borough of West Wildwood received your Open Public Records Act (OPRA)
on May 27, 2020. As, such, the seven (7) business day deadline to respond
to your request is June 9, 2020.
This response to your request is being provided
to you on the seventh business day after the custodian’s receipt of said
request.
Your OPRA request sought access to the following attached information.
(copy of OPRA attached)
Your request requires additional time beyond the seven (7) business days
to fulfill because records are in storage, off-sight and/or in the
possession of borough attorneys.
OPRA allows custodians to seek extensions of time pursuant to N.J.S.A.
47:1A-5i. Specifically, OPRA states that, “the requester shall be advised
by the custodian when the record can be made available.
If the record is not made available by that time, access shall be deemed
denied.”
Your request requires an extension of time until June 30, 2020.
If your request for access to a government record has been denied or
unfilled within the seven (7) business days required by law, you have a
right to challenge the decision by the Borough of West Wildwood to deny
access. At you option, you may either institute a proceeding in the
Superior Court of New Jersey or file a complaint with the Government
Records Council (GRC) by completing the Denial of Access Complaint Form.
You may contact the GRC by too-free telephone at 866-850-0511, by mail at
P.O. Box 819, Trenton, NJ 08625, by e-mail at [1][email address], or
at their web site at [2]www.state.n.us/grc. The GRC can also answer other
questions about the law. All questions regarding complaints filed in
Superior Court should be directed to the court Clerk in your County.
Sincerely,
Donna L. Frederick
Municipal Clerk
Donna L. Frederick, RMC, CMR, CPWM
701 W. Glenwood Avenue
West Wildwood, NJ 08260
609-522-4845 x 306
609-522-9055 (fax)
[West Wildwood Borough request email]
References
Visible links
1. mailto:[email address]
2. http://www.state.n.us/grc
To: Taeho Kim,
I submitted a request for an extension of your OPRA request (our assigned
#2020-066) until June 30, 2020 via email on June 9, 2020.
I have attached a copy of your request.
I am in need of some clarification, as I review your request.
Item 1. Are you requesting lawsuits/cases brought against any officer or
police department by a civilian/public - or are you asking
about lawsuits/cases brought against the Police Department by a police
officer.
Can you please clarify at your earliest convenience.
Thank you.
Donna
Donna L. Frederick, RMC, CMR, CPWM
701 W. Glenwood Avenue
West Wildwood, NJ 08260
609-522-4845 x 306
609-522-9055 (fax)
[West Wildwood Borough request email]
Mr. Kim,
In response to your OPRA request (our assigned #2020-066), after
researching our files I have found no responsive record.
However I checked with the Borough Solicitor and was advised that copes of
complaint-summons created through the
State’s Electronic Complaint Disposition Record (eCDR) system is not in
the possession of the police department. The Appellate Division
release a decision Simmons v. Mercado, June 11, 2020, the Court held, the
records custodian should direct a person requesting such documents to the
judiciary, which in
many cases is the municipal court and provide that court contact
information.
Here is the municipal court information: the borough has a shared services
for court with
The City of Wildwood
115 W. Davis Avenue
Wildwood, NJ 08260
Court Administrator: Tami LoMonaco – [1][email address]
Respectfully yours,
Donna
Dear West Wildwood 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
Donna L. Frederick, RMC, CMR, CPWM
701 W. Glenwood Avenue
West Wildwood, NJ 08260
609-522-4845 x 306
609-522-9055 (fax)
[West Wildwood Borough request email]
References
Visible links
1. mailto:[email address]