Professional Documents
Culture Documents
HARRY SCHEELER,
APPROVED FOR PUBLICATION
Plaintiff-Respondent, January 27, 2017
v. APPELLATE DIVISION
Defendants-Appellants.
_____________________________________________
HEATHER GREICO,
Plaintiff-Respondent,
v.
Defendants-Appellants.
_____________________________________________
JOHN PAFF,
Plaintiff-Respondent,
v.
Defendants-Appellants.
___________________________________________
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Liberties Union of New Jersey Foundation,
attorneys; Edward L. Barocas and Jeanne
LoCicero, of counsel; Mr. Rosen and Sarah L.
Fehm, on the brief).
YANNOTTI, P.J.A.D.
I.
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Governor's Office seeking copies of all OPRA requests submitted
his requests to the MVC, ABC, DMVA, DT, and DCA anonymously.
The MVC, ABC, DMVA, DOT, and DCA also denied Scheeler's requests
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1
to deny anonymous requests. In May 2014, Scheeler filed a
requests.
2014.
June 13, 2014, the DOE provided Greico with copies of the e-
The MVC and the DOE cited Gannett as the basis for denying
1
The departments and agencies relied upon N.J.S.A. 47:1A-2.2,
which precludes any person convicted of an indictable offense
from seeking government records that contain personal
information about that person's victim or the victim's family.
N.J.S.A. 47:1A-2.2(a). A court may, however, release the
government record if the information therein is necessary to
assist in the requestor's defense. N.J.S.A. 47:1A-2.2(b). The
statute provides that notwithstanding any provision of law to
the contrary, "a custodian shall not comply with any anonymous
request for a government record which is protected under the
provisions of this section." N.J.S.A. 47:1A-2.2(c).
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and DOE's refusals to provide access to the third-party OPRA
requests.
the Scheeler case and placed an oral decision on the record. The
submitted anonymously.
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the third-party OPRA requests under the common law. The judge
the part of the court's order which denied his anonymous OPRA
victim or family.
records, other than the name of the requestor. The judge found
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On September 25, 2014, the judge entered a stipulation and
submitted anonymously.
and Greico matters. The judge ruled, as she had earlier ruled in
The judge awarded Paff and Greico attorney's fees, and stayed
the orders pending appeal. The MVC and DOE thereafter filed
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II.
court.
Ocean Cty. Prosecutor's Office, 374 N.J. Super. 312, 329 (Law.
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limitations on the right of access . . . shall be construed in
mean
[N.J.S.A. 47:1A-1.1.]
Office, 206 N.J. 581, 588 (2011) (citing Educ. Law Ctr. v. N.J.
Dep't of Educ., 198 N.J. 274, 284 (2009)). OPRA excludes twenty-
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buildings and facilities. Ibid. Also excluded are records which
Indeed, such requests are documents that have been received and
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intended to provide a research tool for litigants "to force
Middlesex Cty. Utils. Auth., 416 N.J. Super. 565, 576 (App.
Police Dep't, 381 N.J. Super. 30, 37 (App. Div. 2005)). They
specificity required.
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OPRA, which is to allow citizens to secure access to "government
III.
New Jersey had issued grand jury subpoenas for the production of
supra, 379 N.J. Super. at 209. The service of the subpoenas was
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widely reported in the news media, including newspapers
Ibid. Gannett then filed an OPRA request with the County seeking
at 210.
the County had withheld, and the trial court determined that
Ibid. The court stated that "OPRA does not authorize a party to
The court observed that such a request does not merely seek
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government agency." Ibid. The court pointed out that the United
was improper and that the County could have refused to produce
take that position and instead provided Gannett with most of the
court, the County did not assert that the OPRA request was
The court stated that the County had waived "whatever right
[it] may have had to deny Gannett's entire OPRA request on the
dicta and not binding precedent. Our Supreme Court has stated
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decisive of the primary issue presented but which are germane to
Gannett's request was improper and could have been denied for
that reason, the County had waived the issue. Gannett, supra,
the court suggested that Gannett's OPRA request was not proper
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determined, plaintiffs identified the records they were seeking
OPRA. Ibid.
Park Press, supra, 374 N.J. Super. at 329). The "mere potential"
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may be circumstances where denial of access to such records
the exemption does not provide a basis for the blanket denial of
privacy." Burnett, supra, 198 N.J. at 427. When doing so, the
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in their OPRA requests. In this regard, we note that some State
citizen's OPRA request. However, the agency may deny the public
particular request.
law. See Asbury Park Press, supra, 406 N.J. Super. at 7 (citing
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defendants relied exclusively on the dicta in Gannett. Thus,
defendants did not carry their burden to show that the denials
attorney's fees.
Affirmed.
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