A New Jersey appeals court has ruled that police reports about the use of force must be made public upon request even if they refer to a minor who has been charged as a delinquent.
Wednesday's ruling by the state Appellate Division handed The Trentonian newspaper a win in its lawsuit against Ewing Township, the paper reported.
The decision follows the township's decision to deny the publication's request for information regarding a Jan. 5, 2018, arrest where an officer manhandled a 16-year-old suspected of stealing a car.
The newspaper requested the use of forcereport on Jan. 23, 2018,under public records laws. Ewing Township denied the request, citing a New Jersey law that says any law enforcement record concerning juveniles charged as delinquent “shall be strictly safeguarded from public inspection.”
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The Trentonian filed a lawsuit against Ewing Township and Municipal Clerk Kim Macellaro in March 2018.
A Mercer County Assignment judge dismissed the original complaint,agreeing with the township's argument.
The newspaper appealed the decision on Aug. 16, 2018.
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"We now reverse," Presiding Judge Carmen Alvarez said in the appellate ruling.He said that simply redacting a juvenile's name from the report would guarantee the young person's right to privacy and allowing the report to be released.
