Sustained findings since 2017

Ananya Tiwari filed this request with the Newark Police Department of Newark, NJ.
Tracking #

PD-22-1819

Status
Completed

Communications

From: Ananya Tiwari

To Whom It May Concern:

Pursuant to the New Jersey Open Public Records Act, I hereby request the following records:

Under the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., I am requesting copies of records related to cases of sustained findings of police misconduct at the Newark Police Internal Affairs, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.

I am requesting digital copies of all responsive documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.

Here, misconduct includes, but is not limited to:

Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.

False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.

As of March 2022, public officials must release police disciplinary records in New Jersey when the public’s interest in them outweighs an officer’s confidentiality concerns, the state’s top court ruled.

The law requires that you respond to and fulfill this request "as promptly as possible." If you expect a significant delay in responding to and fulfilling this request, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.
Should you have any questions, please do not hesitate to contact me at 415-769-8210 or ananyatiwarijournalism@gmail.com.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Ananya Tiwari

From: Newark Police Department

Good morning,

The OPRA unit wants to inform you that regarding file PD-22-1819, unfortunately we have not received a response from the Police Department.

We have notified the overdue date status of this file to the appropriate agency (ies).

We apologize for any inconvenience this may have caused and appreciate your understanding.

Respectfully,

[cid:image003.jpg@01D1A52B.D23FFA40]
Ilsa Cintron, OPRA Unit
Office of the City Clerk
920 Broad St.
City Hall-Room 415 A
Newark NJ 07102
Tel: 973-424-4116
Fax: 973-733-4893

From: Newark Police Department

This office must deny your request as it seeks Internal Affairs records, which are not accessible under OPRA. “The progress of internal affairs investigations and all supporting material are confidential information.” Rivera v. Union Cty. Prosecutor’s Office, 250 N.J. 124, 142 (2022). The only publicly available internal affairs evaluations are records placed into the recently created tables listing officers who have faced Major Discipline. See In Re Att’y General Directive, 246 N.J.462 (2021) (upholding the AG’s creation of a public database in which police list officers who have faced Major Discipline, where Major Discipline is demotion, termination, or suspension of 5 days or more.)

As a courtesy, the publicly available tables listing NPD officers who suffered Major Discipline are accessible through this link: https://npd.newarkpublicsafety.org/statistics/transparency.

From: Ananya Tiwari

Thank you for the response.

I wished to follow up and further request:
- index of cases from 2017-2022 for use of force for: compliance hold, hands/fists, firearm discharge

The law requires that you respond to and fulfill this request "as promptly as possible." If you expect a significant delay in responding to and fulfilling this request, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Should you have any questions, please do not hesitate to contact me at 415-881-3302 (can leave a voicemail if not available) or ananyatiwarijournalism@gmail.com.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Ananya Tiwari

From: Newark Police Department

Good Morning:

Last year, the Office of the Clerk of the City of Newark received the request below:

Under the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., I am requesting copies of records related to cases of sustained findings of police misconduct at the Newark Police Internal Affairs, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.

I am requesting digital copies of all responsive documents.

In 2021, the New Jersey Supreme Court wrote that complaints against and commendations of police officers are confidential internal affairs records: “the progress of internal affairs investigations and all supporting material are considered confidential information.” Rivera v. Union Cty. Prosecutor’s Office, 250 N.J. 124, 142 (2022). The only publicly available police evaluations are records placed into the recently created tables listing officers who have faced Major Discipline. See In Re Att’y General Directive, 246 N.J.462 (2021) (upholding the AG’s creation of a public database in which police list officers who have faced Major Discipline, where Major Discipline is demotion, termination, or suspension of 5 days or more.) As a courtesy, the publicly available tables listing NPD officers who suffered Major Discipline are accessible through this link: https://npd.newarkpublicsafety.org/statistics/transparency.

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