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Can I recover monetary damages and/or legal fees for litigating a denial of a public records request?

West Orange, NJ |

I understand that an unlawful OPRA request denial from a state agency could result in compensation for legal fees associated with trying to obtain the unlawfully denied record. However, the OPRA act does not include the judiciary. What then would be the recourse for an unlawful denial of a court public record.

Unlawful in this context means that the record was deliberately (or accidentally) destroyed prior to the state's records retention schedule and/or there is no certification from the state to destroy said records.

Attorney Answers 3


Report this to the prosecutor

Destruction of public records may be a crime

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More information is needed - you should go to an attorney who specializes in OPRA requests for advice - there are serious consequences for unlawful destruction of public records.

The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.

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Speak with a private attorney befor you do anything. There are some potentially serious consequences.

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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