Use of Force Reports
Time to Change- Jersey Style made this OPRA request to Monmouth County Prosecutor's Office This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Monmouth County Prosecutor's Office,
This is a request for public records made under OPRA and the common law right of access. I certify under penalty of NJSA 2C:28-3 that I have not been convicted of an indictable offense. Please acknowledge receipt of this message.
Records requested:
I would like all of your agency's Use of Force Reports from January 1, 2014 to December 31, 2014 authored by the detectives of the Monmouth County Prosecutor's Office.
I'm entitled to these unredacted reports under N.J.S.A. 47:1A3(b) as a result of the state Supreme Court ruling on July 11, 2017, in the case North Jersey Media Group v. Lyndhurst.
The court wrote in its opinion, "The law calls for disclosure of the investigating and arresting personnel' and adds that the exception on which defendants rely 'shall be narrowly construed."
Under that ruling, the court also ruled that "OPRA's criminal investigatory records exception does not apply to records that are "required by law to be made, maintained or kept on file." N.J.S.A. 47:1A-1.1. As a result, the exception does not cover Use of Force Reports, which the Attorney General require law enforcement personnel to prepare after the use of deadly force."
If your agency chooses to deny, citing safety concerns, please provide a statement for each incident stating why officer or officers' names "will jeopardize the safety of any person...or any investigation in progress" or "would be harmful to a bona fid law enforcement purpose or the public safety." (NJMG v. Lyndhurst)
Yours faithfully,
Time to Change- Jersey Style
In response to this request:
I would like all of your agency's Use of Force Reports from January 1, 2014 to December 31, 2014 authored by the detectives of the Monmouth County Prosecutor's Office.
Please be advised there are no records for that time period authored by any detective of this office.
Monmouth County Prosecutor’s Office
132 Jerseyville Avenue
Freehold, NJ 07728
732-431-7160
-----Original Message-----
From: Time to Change- Jersey Style [mailto:[OPRA #1044 email]]
Sent: Thursday, December 07, 2017 8:51 PM
To: OPRA
Subject: Open Public Records Act request - Use of Force Reports
Dear Monmouth County Prosecutor's Office,
This is a request for public records made under OPRA and the common law right of access. I certify under penalty of NJSA 2C:28-3 that I have not been convicted of an indictable offense. Please acknowledge receipt of this message.
Records requested:
I would like all of your agency's Use of Force Reports from January 1, 2014 to December 31, 2014 authored by the detectives of the Monmouth County Prosecutor's Office.
I'm entitled to these unredacted reports under N.J.S.A. 47:1A3(b) as a result of the state Supreme Court ruling on July 11, 2017, in the case North Jersey Media Group v. Lyndhurst.
The court wrote in its opinion, "The law calls for disclosure of the investigating and arresting personnel' and adds that the exception on which defendants rely 'shall be narrowly construed."
Under that ruling, the court also ruled that "OPRA's criminal investigatory records exception does not apply to records that are "required by law to be made, maintained or kept on file." N.J.S.A. 47:1A-1.1. As a result, the exception does not cover Use of Force Reports, which the Attorney General require law enforcement personnel to prepare after the use of deadly force."
If your agency chooses to deny, citing safety concerns, please provide a statement for each incident stating why officer or officers' names "will jeopardize the safety of any person...or any investigation in progress" or "would be harmful to a bona fid law enforcement purpose or the public safety." (NJMG v. Lyndhurst)
Yours faithfully,
Time to Change- Jersey Style
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