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W.P. v. PORITZ

Civil Action No. 96-97.

931 F.Supp. 1199 (1996)

W.P., et al., Individually and as Representatives of a Class Pursuant to Fed. R.Civ.P. 23(a) and 23(b)(2), Plaintiffs, v. Deborah PORITZ, Attorney General of New Jersey; Jeffrey S. Blitz, Atlantic County Prosecutor; Charles R. Buckley, Acting Bergen County Prosecutor; Stephen G. Raymond, Burlington County Prosecutor; Joseph P. Audino, Acting Camden County Prosecutor; Stephen D. Moore, Cape May County Prosecutor; Neil S. Cooper, Acting Cumberland County Prosecutor; Clifford J. Minor, Essex County Prosecutor; Harris Y. Cotton, Gloucester County Prosecutor; Carmen Messano, Hudson County Prosecutor; Sharon B. Ransavage, Hunterdon County Prosecutor; Marryann K. Bielamowicz, Mercer County Prosecutor; Robert W. Gluck, Middlesex County Prosecutor; John Kaye, Monmouth County Prosecutor; W. Michael Murphy, Jr., Morris County Prosecutor; Daniel J. Carluccio, Ocean County Prosecutor; Ronald S. Fava, Passaic County Prosecutor; Ronald A. Epstein, Salem County Prosecutor; Melaine B. Campbell, Acting Somerset County Prosecutor; Dennis O'Leary, Sussex County Prosecutor; Edward Neafsey, Acting Union County Prosecutor; and John J. O'Reilly, Warren County Prosecutor, Defendants.

United States District Court, D. New Jersey.

July 1, 1996.

Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender by Michael Buncher, Chief Counsel, Edward Barocas, Special Counsel, Special Hearings Unit, Office of Public Defender, Trenton, New Jersey, for Plaintiffs.

Deborah T. Poritz, Attorney General, by Jane Grall, Joseph L. Yannotti, Assistant Attorneys General, Rhonda S. Berliner-Gold, B. Stephan Finkel, Deputy Attorneys General, Trenton, New Jersey, for Defendant Deborah Poritz.

Clifford J. Minor, Essex County Prosecutor by Jane Deaterly Plaisted, Assistant Prosecutor, Newark, New Jersey, for Defendant County Prosecutors.

Dennis O'Leary, Sussex County Prosecutor by Thomas E. Bracken, Assistant Prosecutor, Newton, New Jersey, for Defendant Sussex County Prosecutor.

Ronald K. Chen, Rutgers Law School, Newark, New Jersey, for amicus curiae ACLU.

Faith S. Hochberg, United States Attorney by George S. Leone, Assistant United States Attorney, Newark, New Jersey, for amicus curiae United States of America.

BISSELL, District Judge.

In their Second Amended Complaint the plaintiffs in this class action assert that the New Jersey Registration and Community Notification Laws (hereinafter "Megan's Law") is unconstitutional as applied retroactively to the plaintiff class because it violates the ex post facto clause of the United States Constitution (Count II), its double jeopardy clause (Count III) and the procedural due process protections of the fourteenth amendment...

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