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MONMOUTH COUNTY CORR. INST. INMATES v. LANZARO

No. 86-5527.

834 F.2d 326 (1987)

MONMOUTH COUNTY CORRECTIONAL INSTITUTIONAL INMATES, Kevin Michael Fitzgerald, Joseph Ricciardi, Raymond Ciccone, Michael A. Michael, Darrell Kelly, Edmund J. Spies, Jr., John Paul Clayton, John Joseph Wilburn, Louis D. Hughes, Kenneth A. Van Note, Lawrence (Tony) Hester, Albert Maddocks, Tom Forsythe, Tom Visicaro, Robert Thacker, Robert Thomas, and Leslie Greene, on behalf of themselves and all others persons similarly situated v. William LANZARO, Monmouth County Sheriff; Nelson Stiles, Warden, Monmouth County Correctional Inst.; Jacob Lewis, Physician, Monmouth County Correctional Inst.; Harry Larrison, Jr., Director, Monmouth County Board of Chosen Freeholders; Clement V. Sommers, Frank A. Self, Thomas G. Powers, and Ray Kramer, Members, Monmouth County Board of Chosen Freeholders, and their successors in office, all in their official capacities, and individually, and William H. Fauver, Commissioner, New Jersey State Department of Corrections, and his successor in office, in his official capacity, and individually, Appellants.

United States Court of Appeals, Third Circuit.

Decided November 25, 1987.

Attorney(s) appearing for the Case

Malcolm V. Carton (argued), Carton and Faccone, Avon, N.J., for appellants.

Catherine A. Hanssens (argued), Audrey Bomse, Dept. of the Public Advocate, Office of Inmate Advocacy, Trenton, N.J., for appellees.

Charles H. Jones, Jr., Rutgers Law School Prison Law Clinic, Newark, N.J., for amicus New Jersey Ass'n on Correction.

Janet Benshoof, Reproductive Freedom Project, American Civil Liberties Union, New York City, for amici The American Civil Liberties Union and The American Public Health Ass'n.

Before HIGGINBOTHAM, MANSMANN and ROSENN, Circuit Judges.

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

OPINION OF THE COURT

This appeal arises from the order of the district court preliminarily enjoining appellants Monmouth County ("the County") from requiring women prisoners to secure court-ordered releases and their own financing in order to obtain an abortion while in the County's custody. We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1) (1982). For the reasons...

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