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BURG v. STATE

147 N.J. Super. 316 (1977)

371 A.2d 308

ELIZABETH BURG AND NEAL BURG, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. STATE OF NEW JERSEY, ANN KLEIN, COMMISSIONER OF N.J. INSTITUTIONS AND AGENCIES, WILLIAM FAUVER, DIRECTOR OF DIVISION OF CORRECTION AND PAROLE, DEPARTMENT OF INSTITUTIONS AND AGENCIES, VINCENT J. REGAN, FORMER SUPERINTENDENT, NEW JERSEY STATE PRISON, LEESBURG, N.J. JOHN DOE, TRUE NAME BEING UNKNOWN, AGENT OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1977.

Attorney(s) appearing for the Case

Mr. Carl D. Poplar, attorney for appellants.

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondents (Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. Thomas D. Monte, Jr., Deputy Attorney General, on the brief).

Before Judges MATTHEWS, SEIDMAN and HORN.

The opinion of the court was delivered by SEIDMAN, J.A.D.

On November 16, 1973, while walking home from the Port Authority station in Westmont, plaintiff was assaulted and struck on the head with a blunt instrument wielded by William Boland, a convicted felon serving a life term at Leesburg State Prison for a murder committed in 1961. He was apprehended and subsequently entered pleas of guilty to indictments charging him not only with this offense but also with assaults...

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