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NATALE v. CAMDEN COUNTY CORRECTIONAL FACILITY

No. 01-3449.

318 F.3d 575 (2003)

Daniel NATALE; Kathleen Natale, Appellants v. CAMDEN COUNTY CORRECTIONAL FACILITY; County of Camden; Camden County Sheriff's Department; Prison Health Services, Inc. John Doe, MD 1-5; Richard Roe, 1-5

United States Court of Appeals, Third Circuit.

Filed February 7, 2003.

Attorney(s) appearing for the Case

Saul J. Steinberg (Argued), Sufrin, Zucker, Steinberg, Waller & Wixted, Camden, NJ, for Appellant.

Kevin W. Lynch (Argued), White & Williams LLP, Westmont, NJ, for Appellee.

Before AMBRO and STAPLETON, Circuit Judges, O'NEILL, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We decide two issues: whether New Jersey law required Daniel and Kathleen Natale (collectively, the "Natales"; in the singular, the reference is to Daniel Natale) to file an affidavit of merit in order to state a medical malpractice claim, and whether the Natales provided sufficient evidence of a governmental policy or custom for their claim under 42 U.S.C. § 1983 to survive the motion of Prison Health Services...

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