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HOLMAN v. HILTON

Civ. A. Nos. 79-2452, 77-2067.

542 F.Supp. 913 (1982)

Charles C. HOLMAN, Jr., Plaintiff, v. Gary J. HILTON, Superintendent, New Jersey State Prison at Trenton; Alan R. Hoffman, Former Superintendent, New Jersey State Prison at Trenton; William Baum, Investigations Officer, New Jersey State Police; Lawrence Ashton, Lieutenant, New Jersey State Prison; James Williams, Lieutenant, New Jersey State Prison at Trenton; individually and in their official capacities, Defendants.

United States District Court, D. New Jersey.

July 9, 1982.

Attorney(s) appearing for the Case

Stanley C. Van Ness, Public Defender by Arthur Penn, Asst. Deputy Public Defender, East Orange, N. J., for plaintiff.

Irwin I. Kimmelman, Atty. Gen. of the State of N. J. by Peter Freed, Deputy Atty. Gen., Trenton, N. J., for defendants.

OPINION

DEBEVOISE, District Judge.

This summary judgment motion presents a challenge to the constitutionality of N.J. S.A. 59:5-3, a New Jersey statute which bars the commencement of any action in the state courts "by or on behalf of a prisoner against a public entity or public employee until such prisoner shall be released from confinement." For the reasons which follow, I conclude that the statute is unconstitutional and will grant judgment in plaintiff...

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