JENKINS v. FAUVER


108 N.J. 239 (1987)

528 A.2d 563

CHARLES JENKINS, LLOYD MUHAMMAD, EDWARD R. WILLIAMS, JOHN KING, RA'D ABDUL-RAMIM MUHAMMAD, HENRY T. MULKA, RANDOLPH JENKINS, ABDOUR ALRABB SHABAZZ, WYNFIELD ANDERSON, PETER SINACORE, DONALD PHILLIPS, JAMES TATUM, WILLIAM MOORE, EARL BENNETT, EDWARD H. BARRY, RASHEED S. ALI, EDDIE JEROME PEOPLES, II, GEORGE AWKWARD, C. GOLDIE BOONE, JERRY AMOS, RAFIZ M. SALEEM, KING WEBSTER, JOHN CHANEY, DANIEL H. RAYMOND, REHIM RASHID FARID, JOHN WHITE, HERBERT ANDREW RUCKER, FRED WILKS, WILLIAM GRITE, DAVID LAMBERT, LARRY PALMER, MICHAEL WRIGHT, MILLEGE PRIMUS, JR., DAVID BYNUM, RAUL MONSERRATE, RAYMOND THOMAS, REVEREND MARCUS C. RIGGINS, III, ANTHONY P. FLORA, QUASIM MUHAMMAD, ARTHUR TUCKER, KENDALL COOPER, TIO SOTO, JULIAN MORALES, LOUIS MARTINEZ AND RUBIN ADAMS, RESPONDENTS AND CROSS-APPELLANTS, v. WILLIAM H. FAUVER, COMMISSIONER, NEW JERSEY DEPARTMENT OF CORRECTIONS, GARY J. HILTON, ASSISTANT COMMISSIONER, NEW JERSEY DEPARTMENT OF CORRECTIONS, RICHARD SIEDL, DEPUTY COMMISSIONER, NEW JERSEY DEPARTMENT OF CORRECTIONS, SIMEON MOSS, CHAIRMAN BOARD OF TRUSTEES, NEW JERSEY DEPARTMENT OF CORRECTIONS, DAVID IRONHORN, CHAIRMAN, ADVISORY COUNSEL ON CORRECTIONS, STATE OF NEW JERSEY, JOHN J. RAFFERTY, SUPERINTENDENT, NEW JERSEY STATE PRISON, RAHWAY, THOMAS JULIAN, DEPUTY CHIEF, NEW JERSEY STATE PRISON, RAHWAY, AND SGT. ROBERT MILLER, APPELLANTS AND CROSS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 27, 1987.


Attorney(s) appearing for the Case

Catherine M. Brown, Deputy Attorney General, argued the cause for appellants and cross-respondents (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Catherine M. Brown and James J. Ciancia, on the briefs).

Steven E. Nelson argued the cause for respondents and cross-appellants (Karasic, Stone & Susser, attorneys).


The opinion of the Court was delivered by STEIN, J.

This case concerns the emergency power of the Commissioner of Corrections (Commissioner) to supersede departmental standards permitting inmates to be assigned to "full minimum" custody status and the correlative due process rights of inmates adversely affected by the Commissioner's action.

Because of mounting public concern about the security of the minimum camp at the Rahway State Prison, an assistant commissioner...

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