ALBERT MAC NEIL, ET AL., PLAINTIFFS-APPELLANTS,
v.
ANN KLEIN, COMMISSIONER OF THE DEPARTMENT OF INSTITUTIONS AND AGENCIES OF THE STATE OF NEW JERSEY, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY, ET AL., DEFENDANTS-RESPONDENTS.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued March 9, 1976.
Decided April 1, 1976.
Attorney(s) appearing for the Case
Mr. Steven L. Lefelt and Mr. Richard G. Singer argued the cause for appellants.
Mr. Joseph T. Maloney, Deputy Attorney General, argued the cause for respondent Klein (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).
Mr. William E. Ozzard, Somerset County Counsel, argued the cause for respondents Maggio and Balent.
Mr. Franklin H. Berry, Jr., Ocean County Counsel, argued the cause for respondents Board of Chosen Freeholders of County of Ocean and Brown.
A brief was submitted by Mr. John T. Madden, Sussex County Counsel, on behalf of respondents Cardineau and Willis.
A brief was submitted by Mr. Ivan M. Sherman, Cumberland County Counsel, on behalf of respondents Scarani and DiBiase.
A brief was submitted by Mr. Harold J. Ruvoldt, Jr., Hudson County Counsel, on behalf of respondents, Officials of the County of Hudson (Mr. Arthur G. Williamson, Assistant County Counsel, on the brief).
A statement in lieu of brief was submitted by Mr. Edwin K. Large, Jr., Hunterdon County Counsel, on behalf of respondents Winter and Atkinson.
A statement in lieu of brief was submitted by Mr. Eugene P. Chell, Gloucester County Counsel, on behalf of respondents, Officials of the County of Gloucester.
A statement in lieu of brief was submitted by Mr. Herman B. Hoffman, Middlesex County Counsel, on behalf of respondents, Officials of the County of Middlesex (Mr. Lawrence J. Fitzhenry, Assistant County Counsel, on the statement).
A statement in lieu of brief was submitted by Mr. Ralph V. Mancini, Union County Counsel, on behalf of respondents Maguire and Carey.
A statement in lieu of brief was submitted by Mr. Robert L. Schumann, Warren County Counsel, on behalf of respondents Bosco and Scheffler.
A statement in lieu of brief was submitted by Mr. John J. Pillsbury, Monmouth County Counsel, on behalf of respondents Irwin and Cook.
A statement in lieu of brief was submitted by Mr. Francis Patrick McQuade, Essex County Counsel, on behalf of respondents Cooke, Scanlon and Magnusson.
Before Judges LYNCH, LARNER and HORN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by HORN, J.A.D.
Plaintiffs, 47 in number, are or were at the time when they instituted this action on April 17, 1974 inmates in county detention facilities as pretrial detainees or as convicted prisoners. They instituted a class action in the Superior Court, Chancery Division, Mercer County, as representatives of all prisoners incarcerated in the county jails of New Jersey, asserting that their prerogatives to be free from cruel...
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