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MAISONET v. DEPT. OF HUMAN SERV. DIV. OF FAMILY DEV.

140 N.J. 214 (1995)

657 A.2d 1209

LAURA MAISONET, PETITIONER-APPELLANT, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF FAMILY DEVELOPMENT, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 23, 1995.

Attorney(s) appearing for the Case

Madeline L. Houston argued the cause for appellant (John D. Atlas, Executive Director, Passaic County Legal Aid Society, attorney; Ms. Houston and Cary L. Winslow, on the briefs).

Peter D. Wint, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

Jonathan Romberg argued the cause for amicus curiae The American Civil Liberties Union of New Jersey (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Romberg and Lawrence S. Lustberg, on the brief).

Joseph Harris David submitted a brief on behalf of amicus curiae Legal Services of New Jersey (Melville D. Miller, Jr., President, attorney; Mr. David and Mr. Miller, on the brief).

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

The novel issue raised in this appeal is whether the Appellate Division was compelled by the Supremacy Clause to exercise original jurisdiction over Laura Maisonet's claim for attorney's fees under the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C.A. § 1988 (section 1988), for an alleged violation of 42 U.S.C.A. § 1983 (section 1983...

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