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HARRIS v. STATE

61 N.J. 585 (1972)

297 A.2d 561

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

The Supreme Court of New Jersey.

Decided December 4, 1972.

Attorney(s) appearing for the Case

Mr. Stephen Skillman, Assistant Attorney General, argued the cause for the appellants (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney; Mr. Bertram P. Goltz, Jr., Deputy Attorney General, on the brief).

Mr. Benjamin Edelstein argued the cause for the respondent (Messrs. Edelstein & Edelstein, attorneys).

The opinion of the Court was delivered by JACOBS, J.

While the plaintiff was a prisoner at the Rahway State Prison he was assaulted by a fellow prisoner and suffered injuries to his person. He filed a complaint in the Law Division against the State of New Jersey, the Prison Superintendent, a Deputy Keeper and a Wing Keeper. His complaint was grounded on negligence and he sought compensatory damages for his injuries. Depositions were taken of the plaintiff and the...

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