BIEGENWALD v. FAUVER

No. 88-6002.

882 F.2d 748 (1989)

Richard F. BIEGENWALD, Appellant, v. William H. FAUVER, both individually and in his official capacity as the Commissioner of the New Jersey Department of Corrections; Howard L. Beyer, both individually and in his official capacity as the Warden of Trenton State Prison; and W. Cary Edwards, both individually and in his official capacity as the Attorney General of the State of New Jersey, and his predecessors.

United States Court of Appeals, Third Circuit.

Decided August 11, 1989.

As Amended August 18, 1989.


Attorney(s) appearing for the Case

Richard F. Biegenwald, Trenton, N.J., pro se.

Mary C. Jacobson, Mary F. Rubinstein, Deputy Attys. Gen., Peter N. Perretti, Jr., Atty. Gen. of New Jersey, Trenton, N.J., for appellee.

Before COWEN, Circuit Judge, GARTH and SEITZ, Senior Circuit Judges.


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

COWEN, Circuit Judge.

Richard Biegenwald, a prisoner in the New Jersey State prison system, asserts in this lawsuit that his constitutional rights were violated when the defendants continued to confine him on "death row" in Trenton State Prison after his sentence of death was vacated by the New Jersey Supreme Court. The district court abstained from adjudicating Biegenwald's claims pending the resolution of certain...

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