In a decision that contrasts with a federal magistrate’s recent ruling in a similar case, a state appeals court has reversed an order compelling the New Jersey State Police to produce 373 internal affairs files in connection with an excessive-force suit.
The appeals court ruling in Crawford v. State of New Jersey calls for a remand to the trial court, where the judge was ordered to conduct an in camera review before deciding whether the files are subject to disclosure. In that respect, the state court’s ruling seems to set a higher standard for disclosure than a recent federal court ruling in Costantino v. City of Atlantic City, in which a judge ordered the defendant to provide the plaintiff around 2,000 files without first conducting an in camera review.
