Gannett Satellite Information Network, LLC, which publishes the Asbury Park Press, brought an action to compel the Township of Neptune to disclose the Internal Affairs (IA) file of Philip Seidle, who had been a Sergeant in the Township's Police Department. In June 2015, Seidle shot and killed his ex-wife using his service revolver, while off-duty.
The trial court determined that Gannett was not entitled to access to the records under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, but found, after consideration of the relevant factors under Loigman v. Kimmelman, 102 N.J. 98 (1986), that Gannett was entitled to access to the records under the common law. The trial court also awarded Gannett attorney's fees for the successful pursuit of its claim under the common law. The trial court stayed its judgment pending appeal.
The Township appealed, and Gannett cross appealed, from the trial court's judgment. While the appeal and cross appeal were pending, the Attorney General (AG) ordered public disclosure of Seidle's IA file pursuant to the AG's Internal Affairs Policy and Procedures (IAPP).
We held that the trial court correctly decided that Gannett was not entitled to access to the records under OPRA, and Gannett was entitled to access under the common law. We also held that although attorney's fees can be awarded to a plaintiff that prevails on a claim under the common law right of access, an award of attorney's fees to Gannett was not warranted under the circumstances.
