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MOURNING v. CORRECTIONAL MEDICAL SERVICES

300 N.J. Super. 213 (1997)

JEFFREY LEE MOURNING, PLAINTIFF-APPELLANT, AND ELDER TOOTHAKER, PLAINTIFF, v. CORRECTIONAL MEDICAL SERVICES, (CMS) OF ST. LOUIS, MISSOURI, ET AL.; ABC-INDIVIDUAL(S) (UNKNOWN JOHN AND JANE DOES); DEFENTITIES AND GHI CORPORATIONS (BEING FICTITIOUS NAMES) ET AL.; DEBORAH PORITZ, ATTORNEY GENERAL FOR THE STATE OF NEW JERSEY; AND STEVEN WEINSTEIN, ESQ., INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES, DEFENDANTS, AND WILLIAM H. FAUVER, COMMISSIONER, NEW JERSEY DEPARTMENT OF CORRECTIONS AND DONALD E. LEWIS, ADMINISTRATOR, RIVERFRONT STATE PRISON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 1997.

Attorney(s) appearing for the Case

Frank Askin argued the cause for appellant (Constitutional Litigation Clinic, attorney).

Andrew R. Sapolnick, Deputy Attorney General, argued the cause for respondents (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; R. Brian McLaughlin, Deputy Attorney General, of counsel; Mr. Sapolnick, on the brief).

Before Judges KING, KEEFE and CONLEY.

The opinion of the court was delivered by KING, P.J.A.D.

I.

This is an appeal from a denial of injunctive relief and grant of summary judgment in the State's favor in a prisoner's action challenging the New Jersey medical copayment statute. We reject appellant's constitutional challenge to the statutory scheme and affirm primarily for the reasons given by Judge Carchman in his oral opinion of May 20, 1996.

II.

On November 1, 1995 the Legislature...

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