Records custodians can’t go on the offensive when facing suit under the Open Public Records Act, according to a New Jersey appeals court. In Jeff Carter v. John Doe, the Appellate Division of the New Jersey Superior Court held that a records custodian may not bring a declaratory judgment action
In C.G. et al v. Winslow Township Board of Education, a New Jersey court held that initials and docket numbers were properly redacted from settlement agreements under the Open Public Records Act (OPRA). The case involved the interplay of OPRA and the Family Educational Rights and Privacy Act, a federal
The Supreme Court of New Jersey has agreed to consider how to apply the state’s Open Public Records Act (OPRA) to security camera footage. The case, Patricia Gilleran v. Township of Bloomfield, specifically involves whether a municipality must publicly disclose security video footage captured by a stationary camera in a
The Appellate Division recently ruled against a plaintiff attempting to anonymously pursue a complaint under the New Jersey Open Public Records Act (OPRA) in Superior Court. According to the court’s decision in A.A. v. Gramiccioni, there is no statutory authorization, rule authorization or compelling reason authorizing the plaintiff to prosecute
By a vote of 2-1, the Third Circuit Court of Appeals recently held in Munroe v. Central Bucks School District that a Pennsylvania teacher’s anti-student blog posts were not protected under the First Amendment’s free speech guarantee. According to the appeals court, the teacher’s speech did not rise to the
The Appellate Division recently addressed whether a municipality must publicly disclose security video footage captured by a stationary camera in a municipal building. The decision in Patricia Gilleran v. Township of Bloomfield, highlights that technology is increasingly at the center of disputes involving the state’s Open Public Records Act. The
A federal judge in New Jersey recently dismissed a suit alleging that the Township of Hamilton’s zoning board violated the First Amendment to the U.S. Constitution by improperly denying an adult entertainment establishment’s application for a business license and repair permit. The Facts of the Case In Harding Brass v.
In Schroeder v. County of Atlantic, a New Jersey court addressed the applicability of a local pay-to-play ordinance where the contributions in question were made to the State campaign rather than the county campaign of a current holder of county public office. The decision provides useful guidance to New Jersey
