Dear Erin,
The record for item # 1 is attached. Redactions have been made pursuant to
NJSA 47:1A-1.1 “emergency or security information or procedures for any
buildings or facility which, if disclosed, would jeopardize security of
the building or facility or person therein”, NJSA 47:1A-1.1 “security
measures and surveillance techniques which, if disclosed, would create a
risk to the safety of persons [or] property” & NJAC: 10A:22-2.3(a)(9) All
internal management procedures or any portion thereof including any
portions of those procedures and/or any indexes or lists identifying the
procedures related to the following; safety and security measures, inmate
movement, staffing, investigative techniques, contraband detection,
intelligence gathering techniques, structural or physical plant designs,
surveillance techniques, and search techniques."
Seven pages of records were located for items # 2 & 3.  These records are
exempt pursuant to privacy concerns announced in Burnette v. County of
Bergen 198 NJ 408 (2009) and its progeny.
Your common law request for redacted material and emails must also be
denied when weighing the factors announced in Loigman v. Kimmelman 102 NJ
98 (1986) and subsequent case law on this topic.
You have a right to challenge the decision by the Department of
Corrections.  At your option, you may either institute a proceeding in the
Superior Court of New Jersey or file a complaint in writing with the
Government Records Council (GRC).  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 [1][email address] or at their web site at
[2]www.state.nj.us/grc.  The Council can also answer other questions about
the law.
Thank you,
John Falvey
NJDOC Records Custodian

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From: Erin <[OPRA #78869 email]>
Sent: Monday, July 28, 2025 08:43 PM
To: DOC OPRA-RecordCustodian [DOC] <[email address]>
Subject: [EXTERNAL] OPRA request - South Woods State Prison info needed
 
Dear New Jersey Department of Corrections,

Please accept this electronic request for public records made under OPRA
and the common law right of access.  I am not required to fill out an
official form or use a particular software platform to submit my request
per NJSA 47:1A-6(f), which states that an email from a requestor including
all of the information required on the adopted form shall suffice in place
of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New
Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

1)  Copy of the Law Library Policies and Rules at South Woods State
Prison.
2)  Emails to and from Jay Fisher (Administrative & Clerical Services)
Instructional Tech at the law library in South Woods State Prison
regarding inmate Dante Hayes from July 1, 2025 through July 27th, 2025
including all copied individuals and attachments.
3)  Emails to and from Danielle Coplon Executive Assistant 3 regarding
inmate Dante Hayes from July 1, 2025 through July 27th, 2025 including all
copied individuals and attachments.

My preferred delivery method for response(s) to this request is by E-mail
as attachments.  Please confirm you have received this request.  If you
are not the custodian of records, please forward my request to that person
and provide their email address to me for future reference.

Yours Truly,
Erin

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Please deliver records electronically via email to the below UNIQUE
address for all replies to this request:
[OPRA #78869 email]

Is [NJDOC request email] the wrong address for OPRA
requests to New Jersey Department of Corrections? If so, please contact us
using this form:
[3]https://urldefense.com/v3/__https://opra...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://urldefense.com/v3/__https://opra...

View this OPRA request & responses online:
[5]https://urldefense.com/v3/__https://opra...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an OPRA custodian, please ask your web
manager to link to us from your organisation's website.

"OPRAmachine’s mission is to give people easy and affordable access to New
Jersey public records.
For more information, contact us at: ‪(732) 707-1628‬ or PO Box 3180, New
Brunswick, NJ 08903."

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The emails relate to security matters and legal matters for specific
individuals.
Thank you,
John Falvey
NJDOC Records Custodian

══════════════════════════════════════════════════════════════════════════

From: Erin <[OPRA #78869 email]>
Sent: Thursday, August 7, 2025 12:09 PM
To: DOC OPRA-RecordCustodian [DOC] <[email address]>
Subject: Re: [EXTERNAL] OPRA request - South Woods State Prison info
needed
 
Dear DOC OPRA-Record Custodian [DOC],

Can you please provide a specific explanation of the privacy concerns and
harms, supported by evidence (e.g., a Vaughn index describing withheld
documents)?  Your response lacks a detailed application of the Doe v.
Poritz or Loigman factors.

As I am sure you are aware, OPRA favors partial disclosure through
redaction over a denial.  A redacted version of the emails, removing only
the exempt information where necessary would be more appropriate than an
outright denial of my request. 

Under Common Law, the public has an interest in staff conduct and the two
mentioned staff members impeded on Mr. Hayes’ law library access and there
was an issue involving his flashdrive being used by one of the individuals
whose emails I am requesting.

Both OPRA and common law require custodians to provide a detailed basis
for denial. Your response cites Burnett and Loigman but does not explain
how the Doe v. Poritz or Loigman factors apply to the specific records
requested. For example, it does not identify the sensitive information or
the potential harm from disclosure. Courts have overturned denials for
lack of specificity (Paff v. N.J. Dep’t of Corr., 2018 N.J. Super. Unpub.
LEXIS 1718 (App. Div. 2018)).

OPRA encourages redaction of exempt information to allow partial
disclosure (N.J.S.A. 47:1A-5(g)). Your response denies access to all seven
pages without indicating whether redaction could address privacy concerns,
as was done in Burnett for SSNs. This may be overly broad, especially if
the emails contain non-exempt information (e.g., procedural
communications).

Furthermore, your response focuses on privacy but does not address other
potential exemptions, such as those for prison security (N.J.A.C.
10A:22-2.3) or deliberative process privilege (N.J.S.A. 47:1A-9). If
applicable, these should be cited.

Please consider this response as a clarification request since your
response is not detailed appropriately regarding the exemptions you have
sited.  Thank you for your time.

Sincerely,
Erin

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