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HENRY v. RAHWAY STATE PRISON

81 N.J. 571 (1980)

410 A.2d 686

OTIS HENRY, APPELLANT, v. RAHWAY STATE PRISON, RESPONDENT. NEW JERSEY DEPARTMENT OF CORRECTIONS, APPELLANT, v. JESUS TORRES, RESPONDENT.

The Supreme Court of New Jersey.

Decided January 24, 1980.

Attorney(s) appearing for the Case

Mr. Emery Z. Toth argued the cause for appellant Otis Henry (Mr. Dennis J. Conklin, of counsel and on the brief).

Ms. Janice S. Mironov, Deputy Attorney General, argued the cause for appellant New Jersey Department of Corrections and respondent Rahway State Prison (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Erminie L. Conley, Assistant Attorney General, of counsel; Mr. Joseph W. Ferraro, Jr., Deputy Attorney General, on the brief in A-45).

Mr. Gerald B. Schenkman argued the cause for respondent Jesus Torres (Ms. Jane B. Terpstra, Director, Legal Aid Society of Mercer County, attorney; Mr. Richard Dana Krebs, of counsel and on the brief).

The opinion of the court was delivered by POLLOCK, J.

The primary issue on these appeals involves the standard of review to be applied by the Civil Service Commission in appeals de novo from decisions of state or local appointing authorities in disciplinary proceedings against employees.

Jesus Torres and Otis Henry are two employees who were dismissed by the New Jersey Department of Corrections in separate disciplinary proceedings. They assert that...

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