AVANT v. CLIFFORD


67 N.J. 496 (1975)

341 A.2d 629

THOMAS X. AVANT, RICHARD ANDERSON, CLIFTON BRANDON, JAMES CAGLE, RONALD CRAWFORD, ROBERT CUTLER, GEARY GLASSPIE, ANDREW X. HOLIDAY, JOHN JOHNSON, JR., LEONARD JOHNSON, THOMAS J. KARTNER, CHARLES LEE, KENNETH T. MARKS, DWIGHT MASON, JAMES McKEEVER, GREGORY MELVUS, ELLSWORTH X. SMITH, THOMAS MILTON STEVENS, JR., DONALD D. WASHINGTON, JOHN WILBELY, THOMAS WOOTON, JEROME AUSTELL, ALFRED AUSTELL, JOHN RICHARD MILLER AND ANTHONY M. PUCHALSKI, INMATES OF THE NEW JERSEY STATE PRISON SYSTEM, ON BEHALF OF THEMSELVES AND ALL THOSE SIMILARLY SITUATED, AND STEPHEN M. NAGLER, A NEW JERSEY RESIDENT AND A MEMBER OF THE PUBLIC-AT-LARGE, ON BEHALF OF HIMSELF AND ALL THOSE SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. ROBERT L. CLIFFORD, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES AND THE NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 23, 1975.


Attorney(s) appearing for the Case

Mr. Henry A. Hill, Jr. and Mr. Steven H. Gifis argued the cause for the appellants (Messrs. Mason, Griffin and Pierson and Mr. Steven H. Gifis, attorneys).

Mr. Joseph T. Maloney, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Jeffrey A. Mintz, First Assistant Deputy Public Defender, argued the cause for amicus curiae Office of Inmate Advocacy of the Department of the Public Advocate (Mr. Stanley C. Van Ness, Public Advocate of New Jersey, attorney).

Mr. Gregory B. Reilly argued the cause for amicus curiae New Jersey Association on Correction (Mr. Joseph LeVow Steinberg, attorney).


The opinion of the Court was delivered by HUGHES, C.J.

This case involves a broad challenge, on constitutional and other grounds, of disciplinary procedures in effect in the New Jersey State Prison system.1 As part of its responsibility for the administration of the penal and correctional institutions, the Department of Institutions and Agencies, a principal department in the Executive Branch of...

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