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REIMAN v. BRESLIN

175 N.J. Super. 353 (1980)

418 A.2d 1293

DONALD REIMAN, CHAIRMAN OF THE BERGEN COUNTY CONFERENCE OF POLICE; EDWARD STEMPENSKI, AND ROBERT KEANE, INDIVIDUALLY AND ON BEHALF OF THE CLASS OF ALL OTHER POLICE OFFICERS SIMILARLY SITUATED WITHIN BERGEN COUNTY, PLAINTIFFS-APPELLANTS, v. ROGER W. BRESLIN, JR., PROSECUTOR OF BERGEN COUNTY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 1980.

Attorney(s) appearing for the Case

Barbara Landau argued the cause for appellants (Osterweil, Wind & Loccke, attorneys; Edward R. Schutzer of counsel and on the brief).

Roger W. Breslin, Jr., Bergen County Prosecutor, argued the cause for respondent, pro se.

Before Judges MATTHEWS, ARD and POLOW.

PER CURIAM.

Plaintiffs, police officers in Bergen County, instituted this class action challenging the validity of the Bergen County Prosecutor's practice of issuing "on call" subpoenas which are valid for three weeks or until the subpoenaed officer has testified and been discharged. The assignment judge granted summary judgment to the prosecutor and plaintiffs appeal.

The prosecutor's office has been encountering the problem of police officers failing to...

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