FORENZA v. RODGERS


268 N.J. Super. 482 (1992)

633 A.2d 1057

PATRICK FORENZA AND THOMAS RIZZI, PLAINTIFFS, v. FRANK E. RODGERS, CLERK OF HUDSON COUNTY, ANTHONY RAFFAELE, WILLIAM STOECKER AND THE HUDSON COUNTY DEMOCRATIC COMMITTEE, DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

Decided December 18, 1992.


Attorney(s) appearing for the Case

Libero D. Marotta for plaintiff.

Mark E. Marchel, Deputy Hudson County Counsel for defendant Rodgers (Francis Lee Leonardis, Hudson County Counsel, attorney).

Donald Scarinci for defendant Hudson County Democratic Committee (Scarinci and Hollenbeck, attorneys).


D'ITALIA, A.J.S.C.

The issue before the court is whether a county clerk's failure to conduct a drawing for ballot position in a special election, contrary to the requirements of the New Jersey Election laws, N.J.S.A. Title 19, constitutes a violation of 42 U.S.C.A. § 1983 such that attorney's fees may be awarded under 42 U.S.C.A. § 1988(b).

The event precipitating this action was a special election called to fill the unexpired...

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