NEWARK -- A federal district court judge last week rejected a second attempt by Monmouth County to block public access to a jail surveillance video that captured the last hours of Amit Bornstein, who died on July 29, 2010, after being restrained at the Monmouth County Correctional Institution. Today, that video was made available.
The video was publicly filed in court earlier this year in the course of a wrongful death lawsuit, but Monmouth County requested that the video be sealed after a news organization tried to obtain a copy. The American Civil Liberties Union of New Jersey filed a friend-of-the-court brief urging the release of the video.
In September, a federal magistrate judge ruled in favor of public access, and the county appealed.
On November 14, 2015, a federal district court judge affirmed the decision. After examining the county’s security concerns, the court determined that, in this case, those concerns were not sufficiently compelling to warrant the sealing of the video. The court noted that there is a “strong presumption in favor of public access to judicial proceedings, which is especially applicable here where the case involves a public entity and addresses matters of public concern.”
“Today’s release of the jail video is an important moment for the public. Jails are among society’s most closed institutions, with prisoners dependent on the government to provide their most basic needs," ACLU-NJ Deputy Legal Director Jeanne LoCicero said.
"Jail staff are responsible for the health and well-being of people in their custody," said LoCicero, who wrote the ACLU-NJ’s amicus brief in the case. "When someone dies in their care, the public should have access to as much information as possible in order to properly evaluate the actions of correctional staff involved and the work of those who investigate the death.”