L.R.C. v. ANN KLEIN


156 N.J. Super. 239 (1978)

383 A.2d 764

L.R.C., ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS, v. ANN KLEIN, COMMISSIONER, N.J. DEPARTMENT OF INSTITUTIONS AND AGENCIES, AND HER AGENTS AND SUCCESSORS IN OFFICE, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided January 10, 1978.


Attorney(s) appearing for the Case

Ms. Linda Rosenzweig, Assistant Deputy Public Advocate, argued the cause for plaintiff (Mr. Stanley C. VanNess, Public Advocate of New Jersey, attorney).

Mr. William F. Hyland, Attorney General of New Jersey, for defendant (Ms. Elaine W. Ballai, appearing).


DOUGLAS, J.C.C.

This action attacks, among other things, the validity of N.J.S.A. 30:4-46.1 as violative of constitional guarantees:

1. Of due process by authorizing deprivation of liberty without a hearing and in the absence of any judicial approval or oversight. 2. Requiring consideration of alternatives less restrictive than institutionalization. 3. By sanctioning a deprivation...

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