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LONG v. LEWIS

723 A.2d 1238 (1999)

Linda LONG, Plaintiff-Respondent/ Cross-Appellant, Everett B. Long, III, Alexander M. Long and Nikolaus A. Long, Plaintiffs, v. Donald E. LEWIS, individually and in his official capacity, John Robert Shaw, individually and in his official capacity, Dennis J. Cunningham, individually and in his official capacity, Kathleen M. Vansteen, individually and in her official capacity, Patricia MacDaniels, individually and in her official capacity, George Yefchak, individually and in his official capacity, the New Jersey Department of Corrections, Defendants-Appellants/ Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1999.

Attorney(s) appearing for the Case

Steven J. Zweig, Deputy Attorney General, for defendants-appellants/cross-respondents (Peter Verniero, Attorney General, attorney for appellants; Mary C. Jacobson, Assistant Attorney General, of counsel; Steven J. Zweig, on the brief).

Steven P. Weissman, Somerset, for plaintiff-respondent/cross-appellant (Weissman & Mintz, attorneys; Sharra E. Greer, Washington, DC, and Mr. Weissman, on the brief).

Before Judges MUIR, Jr., EICHEN, and COBURN.

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

The primary question raised by this appeal is whether the entire controversy doctrine bars a discharged State civil service employee, who has failed to raise a claim of discrimination in an administrative proceeding before the Merit System Board, from suing her supervisors and employer in court under the Law Against Discrimination ("LAD"), N.J.S.A. 10:5-1 to 42. We hold that the LAD action may be maintained...

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