Opinion
CIVIL NO. 08-1873(NLH)(AMD)
02-20-2013
LISA CRESS, on behalf of herself, and as GUARDIAN FOR MINOR K.C. and as GUARDIAN FOR MINOR C.C., and DANIEL LOMBARDI, Plaintiffs, v. VENTNOR CITY, THEORDORE BERGMAN, MICHAEL MILLER, and JASON RZEMYK, Defendants.
COURTNEY ERIN BLACK JENNIFER ANN BONJEAN BONJEAN LAW GROUP PLLC On behalf of plaintiffs STEVEN M. HORN REYNOLDS & HORN On behalf of Ventnor City, Theordore Bergman, Michael Miller, and Jason Rzemyk
MEMORANDUM
OPINION & ORDER
APPEARANCES:
COURTNEY ERIN BLACK
JENNIFER ANN BONJEAN
BONJEAN LAW GROUP PLLC
On behalf of plaintiffs STEVEN M. HORN
REYNOLDS & HORN
On behalf of Ventnor City, Theordore Bergman, Michael Miller, and Jason Rzemyk HILLMAN, District Judge
In this case involving allegations of constitutional violations by defendant police officers in connection with the execution of a "no-knock" search warrant executed at night upon plaintiffs at their home, presently before the Court is the issue of whether to reveal the identities of two trial witnesses who purportedly served as confidential informants, and who purportedly provided the probable cause for the search warrant; and
The Court having held a Federal Evidence Rule 104 hearing, at which the Court addressed the main issue of whether CI-1 or CI-2 were actually confidential informants entitled to protection; and
At the Rule 104 hearing, the two purported confidential informants having testified that they did not act as confidential informants with regard to plaintiff Lombardi; and
The Court therefore finding that the interests as set forth in Cashen v. Spann, 334 A.2d 8, 16 (N.J. 1975) with regard to the protection of the informer's privilege not to be applicable in this case because there are no "informers"; and
For the reasons also expressed on the record,
IT IS HEREBY on this 20th day of February, 2013
ORDERED that the identities of the two witnesses identified as CI-1 and CI-2 are not entitled to protection, and, accordingly, their names and identities may be revealed; and it is further
ORDERED that the Court's prior Orders requiring the redaction and sealing of documents in order to conceal these individuals' identities are VACATED.
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NOEL L. HILLMAN, U.S.D.J.
At Camden, New Jersey