FRATERNAL POLICE v. NEWARK

A-15 September Term 2019 083197.

236 A.3d 965 (2020)

244 N.J. 75

FRATERNAL ORDER OF POLICE, NEWARK LODGE NO. 12, Plaintiff-Appellant, v. CITY OF NEWARK, Defendant-Respondent.

Supreme Court of New Jersey.

Decided August 19, 2020.


Attorney(s) appearing for the Case

Matthew D. Areman argued the cause for appellant (Markowitz & Richman, attorneys; Matthew D. Areman , of counsel and on the briefs).

Avion M. Benjamin , First Assistant Corporation Counsel, argued the cause for respondent ( Kenyatta K. Stewart , Corporation Counsel, attorneys, Avion M. Benjamin , of counsel and on the briefs).

Daniel I. Bornstein , Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Daniel I. Bornstein , of counsel and on the briefs).

Vito A. Gagliardi, Jr. , argued the cause for amicus curiae New Jersey State Association of Chiefs of Police (Porzio, Bromberg & Newman, attorneys; Vito A. Gagliardi, Jr. , of counsel and on the brief, and David L. Disler , Morristown, on the brief).

Lawrence S. Lustberg argued the cause for amici curiae American Civil Liberties Union of New Jersey and Newark Communities for Accountable Policing (Gibbons and American Civil Liberties Union of New Jersey Foundation, attorneys; Lawrence S. Lustberg , Michael R. Noveck , Newark, Jeanne LoCicero , and Alexander Shalom , on the briefs).

CJ Griffin submitted a brief on behalf of amici curiae New Jersey Urban Mayors Association, Latino Leadership Alliance of New Jersey, and Libertarians for Transparent Government (Pashman Stein Walder Hayden, attorneys; CJ Griffin , on the brief).

Alexis Karteron submitted a brief on behalf of amici curiae Urban League of Essex County and Junius Williams, Esquire (Rutgers Law School Constitutional Rights Clinic, attorneys; Alexis Karteron , on the brief).


This appeal involves a challenge to the City of Newark's (the City or Newark) authority to create by ordinance a civilian oversight board to provide a greater role for civilian participation in the review of police internal investigations and in the resolution of civilian complaints. Newark was...

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