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WATERMAN v. FARMER

No. 98-6261.

183 F.3d 208 (1999)

Richard WATERMAN; Michael Curtis, v. John FARMER, Jr., New Jersey Attorney General; Jack Terhune, New Jersey Commissioner of Corrections; William Plantier, Superintendent of the Adult Diagnostic & Treatment Center, individually and in their official capacity, Appellants.

United States Court of Appeals, Third Circuit.

Filed June 30, 1999.

Attorney(s) appearing for the Case

Lawrence S. Lustberg (argued), Mark A. Berman, Laura K. Abel, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, for Appellees.

Peter Verniero, Ronald L. Bollheimer, Joseph L. Yannotti (argued), Adrianna Calderon, Office of Attorney General of New Jersey, Trenton, NJ, for Appellants.

Gregory J. Sullivan, Hamilton, New Jersey, Dennis J. Saffran, Center for the Community Interest, New York Regional Office, New York, New York, for Amici Curiae Center for the Community Interest, Assemblyperson Marion Crecco, The Friends of Amanda Foundation, Voices for Victims, The Mark Klaas Foundation for Children, Justice for All, Protecting Our Children, and Women Against Violence.

Before: NYGAARD, ALITO, and LEWIS, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

Two prisoners at a facility for sex offenders who have exhibited "repetitive and compulsive" behavior filed this lawsuit under 42 U.S.C. § 1983, alleging that a recently enacted New Jersey statute, N.J.S.A. 2C:47-10, violated their constitutional rights by restricting their access to pornographic materials. The District Court concluded that the statute was unconstitutional and permanently enjoined state officials...

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