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CITY OF NEWARK v. J.S.

279 N.J. Super. 178 (1993)

652 A.2d 265

THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND BOBI RUFFIN, DIRECTOR, NEWARK DEPARTMENT OF HEALTH & HUMAN SERVICES, PLAINTIFF, v. J.S., DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided November 8, 1993.

Attorney(s) appearing for the Case

Lauren McGlynn for plaintiff (Michelle Hollar-Gregory, Corporation Counsel for the City of Newark, attorney).

Paula Levy for defendant (Zulima Farber, Public Advocate of New Jersey, attorney).

OPINION

GOLDMAN, J.S.C.

This case presents novel issues surrounding a resurging public health catastrophe, tuberculosis (TB). It requires a review of New Jersey's TB control statute to determine if it fulfills due process requirements and if it complies with the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.A. §§ 12101-12213. Specifically, I must decide if there is statutory authority to involuntarily commit a person with TB to...

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