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POOLE v. STEPHENS

Civ. A. No. 88-620.

688 F.Supp. 149 (1988)

William POOLE, Wilfred Lee Mungro, and PBA Local 105, an unincorporated labor organization, Plaintiffs, v. Robert E. STEPHENS, individually and as Superintendent of Northern State Prison; William Fauver, individually and in his capacity as Commissioner of the New Jersey Department of Corrections; Gary Hilton, individually and as Assistant Commissioner of the Department of Corrections; Thomas Cooper, individually and as Director of the Corrections Officer Training Academy; New Jersey Department of Corrections, a principal department of state government, Defendants.

United States District Court, D. New Jersey.

May 16, 1988.

Attorney(s) appearing for the Case

Robert A. Fagella, Zazzali, Zazzali & Kroll, Newark, N.J., for plaintiffs.

W. Cary Edwards, Atty. Gen. by Carl A. Wyhopen and Joseph T. Maloney Deputy Attys. Gen., Div. of Criminal Justice, Trenton, N.J., for defendants.

OPINION

BISSELL, District Judge.

The assertions in the preliminary and jurisdictional statements of plaintiffs' Verified Complaint provide the setting for this matter:

I. PRELIMINARY STATEMENT 1. This action arises under the United States Constitution, particularly the Fourth, Ninth and Fourteenth Amendments, the New Jersey State Constitution, Article One, Paragraph Seven, and under the laws of the United States, particularly 42 U.S.C...

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