CRANE v. FAUVER

No. 84-5406.

762 F.2d 325 (1985)

Dexter CRANE and John R. Sudol, Appellants, v. William H. FAUVER, individually and in his capacity as Commissioner of the Department of Corrections of the State of New Jersey; Gary J. Hilton, individually and in his capacity as Superintendent of Trenton State Prison, and in his capacity as Assistant Commissioner of the Division of Adult Institutions, Department of Corrections, State of New Jersey and in his capacity as Hearing Officer at Trenton State Prison; and, Willis Morton, individually and in his capacity Supervisor of the Vroom Readjustment Unit, Trenton State Prison, and in his capacity as Assistant Superintendent of Trenton State Prison; and, William Jemison, individually and in his capacity as Assistant Superintendent of Trenton State and in his capacity as Hearing Officer of Trenton State Prison; and, Ronald Morton, individually and in his capacity as Senior Correction Officer at Trenton State Prison and in his capacity as Sergeant/Supervisor at Trenton State Prison; and, Ira Freidman, individually and in his capacity as Investigator, Polygraph Expert, Department of Internal Affairs, Department of Corrections, State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided May 28, 1985.


Attorney(s) appearing for the Case

Fredric J. Gross (Argued), Mount Ephraim, N.J., for appellants.

Irwin I. Kimmelman, Atty. Gen., James J. Ciancia, Asst. Atty. Gen., Nancy B. Stiles, Deputy Atty. Gen. (Argued), Trenton, N.J., for appellees.

Before HUNTER and HIGGINBOTHAM, Circuit Judges, and KELLY, District Judge.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from a summary judgment of the district court dismissing without prejudice the § 1983 complaint of appellants Dexter Crane and John R. Sudol. For the reasons that follow, we hold that the district court should have retained jurisdiction over this action while staying it pending the outcome of a related state proceeding. Accordingly...

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