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PUBLIC INTEREST

CategoriesCase Studies

El Aemer El Mujaddid

November 14, 2019

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(the public’s interest in vindicating important federal rights.)” Ryan v. Burlington County, N.J., 889 F.3d 1286, 1292 (3d Cir. 1989)

Here, the present matter involves a public entity, public safety, and matters of public concern—all factors which support the disclosure of the information in this case to Plaintiff. The present litigation involves claims pertaining to alleged police officer misconduct, and “[p]erformance of police duties and investigations of their performance is a matter of great public importance.” McGee, No. 04–6352, 2005 WL 3215558 at *3 (citation omitted).

Moreover, “[a] request for citizen complaints against police officers must be evaluated against the backdrop of the strong public interest in uncovering civil rights violations and enhancing public confidence in the justice system through disclosure.” Castellani v. City of Atl. City 102 F. Supp. 3d 657 (D.N.J. 2015) 

“If the matter “involves issues or parties of a public nature, and involves matters of legitimate public concern, then that should be a factor weighing against entering or maintaining an order of confidentiality.” “A request for citizen complaints against police officers must be evaluated against the backdrop of the strong public interest in uncovering civil rights violations and enhancing public confidence in the justice system through disclosure.”  Schaeffer v. Tracey Civil Action No. 2:15-CV-08836-MCA-SCM (D.N.J. Feb. 2, 2017) 

Furthermore, the accurate republication of judicial orders serves an important public interest. Lowenschuss v. West Publ’g Co., 542 F.2d 180, 185 (3d Cir. 1976).

In State v. Begyn, 34 N.J. 35 (1961) the court said: The indictment quite properly in substance alleged the duty of any official to be to perform the tasks assigned to him uninfluenced by adverse motives engendered by requesting or accepting any gift, gratuity or promise under an agreement either evilly not to do some of the very functions of his position at all or to do them in a manner contrary to the public interest. Such a duty is an inherent and fundamental one, specifically related to the particular office and founded on something more than a mere moral concept. [at 51] The Begyn court stated: That duty requires service to the public of the highest fidelity, a refusal to be influenced by corrupting motives, as well as honesty, integrity and good faith. The provisions of these constitutions are laws which must be obeyed and enforced…. When they are not, that failure is the breach of a duty imposed upon all public official.

Tags: Civil Rights, Public Interest, Citizen Complaints

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