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HARRIS v. STATE

118 N.J. Super. 384 (1972)

288 A.2d 36

FRANK W. HARRIS, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY; WARREN PINTO, SUPERINTENDENT OF THE NEW JERSEY STATE PRISON AT RAHWAY, NEW JERSEY; THOMAS OLDEN AND JOHN RAFFERTY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 1, 1972.

Attorney(s) appearing for the Case

Messrs. Edelstein & Edelstein, attorneys for appellant (Mr. Benjamin Edelstein, on the brief).

Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney for respondents (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Daly D.E. Temchine, Deputy Attorney General on the brief).

Before Judges CONFORD, MATTHEWS and FRITZ.

The opinion of the court was delivered by FRITZ, J.A.D.

Plaintiff was a prisoner confined in maximum security detention at Rahway State Prison when he was assaulted in his cell by a fellow prisoner and badly injured. He sues the State of New Jersey and the individual defendants on the theory that they were negligent in their respective duties to prevent others from injuring him and in their failure to exercise the...

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