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SMITH v. SHAPIRO

197 N.J. Super. 320 (1984)

484 A.2d 1282

BARBARA SMITH, A/K/A BABS GOLDEN, A/K/A BABS SMITH GOLDEN, PLAINTIFF-APPELLANT, v. PETER SHAPIRO, ESSEX COUNTY EXECUTIVE; DAVID PASCHAL, DIRECTOR OF HEALTH AND REHABILITATION; MICHAEL DUFFY, DIRECTOR OF THE ESSEX COUNTY HOSPITAL CENTER; ARTHUR AVELLA, MEDICAL DIRECTOR, ESSEX COUNTY HOSPITAL CENTER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 1984.

Attorney(s) appearing for the Case

Joseph H. Rodriquez, Public Advocate of the State of New Jersey, attorney for appellant (Daniel Baer, Assistant Deputy Public Advocate, of counsel and on the brief).

David H. Ben-Asher, Essex County Counsel, attorney for respondents (Patrice M. Connell, Assistant County Counsel, on the brief).

Before Judges KING, DEIGHAN and BILDER.

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

This case involves the right of a patient in a county psychiatric hospital to receive mail and unopened correspondence as guaranteed by N.J.S.A. 30:4-24.2(e)(7), a section of patients' "Bill of Rights," L. 1975, c. 85, § 1, et seq. The defendants contend that plaintiff's sole remedy is through resort to the federal courts because of a settlement agreement and order entered by...

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