CRESS et al v. VENTNOR CITY et al

Filing 232

MEMORANDUM OPINION & ORDER: ORDERED that the identities of the two witnesses identified as CI-1 and CI-2 are not entitled to protection and their names and identities may be revealed. ORDERED that the Courts prior Orders requiring the redaction and sealing of documents in order to conceal these individuals identities are VACATED. Signed by Judge Noel L. Hillman on 2/20/2013. (drw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
LISA CRESS,
on behalf of herself, and as
GUARDIAN FOR MINOR K.C. and
as GUARDIAN FOR MINOR C.C.,
and DANIEL LOMBARDI,

CIVIL NO. 08-1873(NLH)(AMD)
MEMORANDUM
OPINION & ORDER

Plaintiffs,
v.
VENTNOR CITY, THEORDORE
BERGMAN, MICHAEL MILLER, and
JASON RZEMYK,
Defendants.
APPEARANCES:
COURTNEY ERIN BLACK
JENNIFER ANN BONJEAN
BONJEAN LAW GROUP PLLC
142 JORALEMON STREET, 5A
BROOKLYN, NY 11201
On behalf of plaintiffs
STEVEN M. HORN
REYNOLDS & HORN
29 NORTH SHORE ROAD
ABSECON, NJ 08201
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.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey
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