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OPRA request - Use of force reports 2017-2019

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Dear East Brunswick Township,

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:

All use of force reports completed by the police department from January 1st 2017 to December 31st, 2019.

Yours faithfully,

Eric K.

Nennette Perry, East Brunswick Township

I am in receipt of the OPRA request below. Please use the provided link for the information. This link will be available for ten days from today:

https://www.dropbox.com/s/76nxrv6qv4yz37... 2017-2019_Redacted 2.pdf?dl=0

Redactions are made for the following reasons: O'Shea v. Twp. of West Milford, 410 N.J. Super. 371 (App. Div. 2009): The Court affirmed the trial court’s decision that use of force reports are not exempt as criminal investigatory records. In reaching this conclusion, the Court determined that the “Attorney General’s Guidelines on the Use of Force,” which required police departments to make use of force reports, carried the force of law. Thus, the Court held that use of force reports could never meet the two-prong test required to be exempt as criminal investigatory: that is, “‘not be required by law to be made,’ and the record must ‘pertain[] to any criminal investigation or related civil enforcement proceeding.’” O’Shea, 410 N.J. Super. 371. See also N. Jersey Media Grp. v. Twp. of Lyndhurst, 2017 N.J. 745 (2017). But see Rivera v. Bergen Cnty. Prosecutor’s Office, 2012 N.J. Super. Unpub. LEXIS 2752 (August 8, 2012)(holding that names of suicidal or emotionally disturbed individuals and those displaying other purported psychological conduct that are not arrested may be redacted based on Executive Order No. 26 (Gov. McGreevey 2002) and a balancing test).

Juvenile Redaction - http://www.njopralaw.com/?p=1894 (https://www.njcourts.gov/attorneys/asset...)

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 Township of East Brunswick to deny access. At your 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 toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton, NJ, 08625, by e-mail at [email address], or at their web site at www.state.nj.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.

Nennette Perry
Township Clerk \ Registrar
East Brunswick Township
One Civic Center Drive
P O Box 1081
East Brunswick NJ 08816
732-390-6850
Fax 732-238-8848
[email address]

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We don't know whether the most recent response to this request contains information or not – if you are Taeho Kim please sign in and let everyone know.