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MONAGHAN v. DEAKINS

No. 85-5589.

798 F.2d 632 (1986)

William MONAGHAN, Theodore Desantis, John James, Foundations & Structures, Inc., William E. Monaghan Associates, and MJD Construction Company, Inc., Appellants, v. Dean DEAKINS, New Jersey Division of Criminal Justice; Irving Dubrow, New Jersey Division of Criminal Justice; Robert Gray, New Jersey Division of Criminal Justice; Ronald Lehman, New Jersey State Police; Albert G. Palentchar, New Jersey Division of Criminal Justice; Donald A. Panfile, New Jersey Department of Treasury; Walter Price, New Jersey Division of Criminal Justice; William Southwick, New Jersey Division of Criminal Justice; Ronald Sost, New Jersey Division of Criminal Justice; John Doe, an individual co-ordinating a search of the premises of Foundations & Structures, Inc.; John Doe, an individual supervising investigators in the New Jersey Division of Criminal Justice; and John Doe, an individual training investigators in the New Jersey Division of Criminal Justice.

United States Court of Appeals, Third Circuit.

Decided July 31, 1986.

Rehearing Denied September 4, 1986.

Dissenting Statement on Petition for Rehearing September 4, 1986.

Attorney(s) appearing for the Case

Patrick T. McGahn, Jr. (argued), Sharon Donofrio (argued), McGahn Friss & Miller, Atlantic City, N.J., Edward N. Fitzpatrick, Kathy M. Hooke, Clapp & Eisenberg, Newark, N.J., for appellants.

Irwin I. Kimmelman, Atty. Gen. of N.J., Steven Pasternak, Deputy Atty. Gen., Larry Etzweiller, Deputy Atty. Gen. (argued), Allan J. Nodes, Deputy Atty. Gen., Div. of Criminal Justice, Appellate Section, Trenton, N.J., for appellees.

Before ADAMS, GIBBONS, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Three individuals and three business entities appeal from a final order dismissing their complaint against several officials of the New Jersey Division of Criminal Justice and from the denial of their motion for a preliminary injunction. The plaintiffs-appellants sought damages, permanent injunctive relief, and preliminary injunctive relief. The district court held that the rule of Younger v. Harris,

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