SIMMONS v. MERCADO

A-18 September Term 2020 084695.

252 A.3d 995 (2021)

247 N.J. 24

Baffi SIMMONS and African American Data and Research Institute (AADARI), Plaintiffs-Appellants, v. Wendy MERCADO, City of Millville, and City of Millville Police Department, Defendants-Respondents.

Supreme Court of New Jersey.

Decided June 17, 2021.


Attorney(s) appearing for the Case

Rotimi A. Owoh argued the cause for appellants ( Rotimi A. Owoh , Princeton, on the brief).

Brock D. Russell argued the cause for respondents ( Brock D. Russell , Millville, on the brief).

Karen Thompson argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Karen Thompson , Alexander Shalom, Newark, and Jeanne LoCicero , on the brief).

Robert E. Levy argued the cause for amici curiae Adelinny Plaza, Town of West New York Police Department, and Town of West New York (Scarinci Hollenbeck, attorneys; Robert E. Levy , of counsel and on the brief, and Jorge R. de Armas and Kevin M. Foltmer , Lyndhurst, on the brief).

CHIEF JUSTICE RABNER and JUSTICES LaVECCHIA, ALBIN, PATTERSON, FERNANDEZ-VINA, and SOLOMON join in JUSTICE PIERRELOUIS's opinion.


In this appeal, the Court considers whether a records request for complaint-summonses from a municipal police department is proper under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. The key question is whether the complaint-summonses — electronic records populated with...

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