SALERNO v. CORZINE

No. 13-4292.

EDWARD SALERNO; TERRY TRAYLOR, Appellants, v. JOHN S. CORZINE, N.J. Governor, in his official and individual capacity; RICHARD CODY, N.J. Former Acting Governor, in his official and individual capacities; JAMES E. McGREEVEY, N.J. Former Governor, in his official and individual capacities; N.J. DEPARTMENT OF HUMAN SERVICES; N.J. DIVISION OF MENTAL HEALTH; MS. LORNA HINES-CUNNINGHAM, Assistant Division Director of Department of Human Services, in her official and individual capacities; MS. JOAN RICHARDSON BOWSER, Esquire, First Assistant Public Defender, in her official and individual capacities; MR. PATRICK REILLY, Deputy Public Defender, in his official and individual capacities; OFFICE OF THE PUBLIC DEFENDER, TRENTON, N.J.; N.J. DEPARTMENT OF CORRECTIONS, TRENTON, N.J.; DEVON BROWN, Department of Corrections Former Commissioner, in his official and individual capacities; JOHN MAIN, Annex, in his official and individual capacities; GRACE ROGERS, N.J. Special Treatment Unit-Annex Administrator, in her official and individual capacities; PAUL LAGANA, N.J. Special Unit-Annex, in his official and individual capacities; MERRILL MAIN, Director, N.J. Special Treatment Unit-Annex, in his official and individual capacities; MS. TINA SPAGNUOLO, Unit Director, N.J. Special Treatment Unit-Annex, in her official and individual capacities; DR. GREGORY GAMBONE, Psych., in his official and individual capacities; JENNA CACCESE, Former Program Coordinator, in her official and individual capacities; MARIELENA MOTTA, Program Coordinator, in her official and individual capacities; RUTH ROTH, Recreation Supervisor, in her official and individual capacities; LOU NORTON, Vocational Rehabilitation Counselor, in his official and individual capacities; DR. CAROL LESTER, Psych., in her official and individual capacities; DR. PHILLIP LEAVITT, Psych., in his official and individual capacities; DR. KIREEV, Psych., in her official and individual capacities; TOM CALABRESE, Psych., in his official and individual capacities; DR. EPPELLITTO, Psych., S.T.U. Kearny, N.J., in his official and individual capacities; MR. DEVON BULLARD, Social Worker, in his official and individual capacities; MS. REEVES, Social Worker, in her official and individual capacities; MR. RODRIGUEZ, Social Worker, in his official and individual capacities; MS. THOMPSON, Social Worker, in her official and individual capacities; MR. J. MILES, BMPT, in his official and individual capacities; DR. APOLITO, N.J. Special Treatment Unit Annex Psych., in his/her personal and individual capacities; TESS KEARNEY; and JACQUELYN OTTINO.

United States Court of Appeals, Third Circuit.

Opinion Filed: August 18, 2014.


NOT PRECEDENTIAL

OPINION OF THE COURT

FUENTES, Circuit Judge.

Edward Salerno and Terry Traylor are civilly committed at New Jersey's Special Treatment Unit (STU) under the New Jersey Sexually Violent Predators Act (SVPA). They brought a 42 U.S.C. § 1983 suit against various state officials responsible for their commitment and treatment, alleging that Defendants violated their First Amendment right against compelled speech and retaliated against...

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