ALLEN v. DEBELLO

No. 16-2644.

861 F.3d 433 (2017)

Anthony ALLEN, for himself and as parent of A.A.; Todd Bennett, for himself and as a parent of E.B.; Scott Edelglass; Sharir Feldman, for himself and as parent of A.F. and J.F.; Werner Graf, for himself and as parent of A.G. and A.G.; Karl Hagberg, for himself and as parent of E.H., A.H. and C.H.; Clifton Hill, for himself and as parent of A.H.; Samir Joshi, for himself and as parent of J.J., J.J. and J.J.; Yehuda B. Litton; Surender Malhan, for himself and as parent of E.M. and V.M.; Carly Olivier, for himself and as parent of M.O.; Antonio Quinlan, for himself and as parent of K.Q.; Zia Shaikh, for himself and as parent of M.S., S.S., and H.S. for themselves and on behalf of all others similarly situated v. Lawrence DEBELLO; Timothy Chell; Kathleen Delaney; James M. DeMarzo; Madelin Einbinder; Marlene Lynch Ford; Christopher Garenger; Lawrence Jones; Severiano Lisboa; Anthony Massi; John Tomasello; Sherri Schweitzer; Nancy Sivilli; Maureen Sogluizzo; State of New Jersey; Michelle M. Smith, in her official capacity as Clerk, Superior Court of New Jersey; John L. Call, Jr., in his official capacity as Presiding Judge Chancery Division, Family Part, Burlington County; Catherine L. Fitzpatrick; Lisa Thorton; Patricia B. Roe, in her official capacity as Presiding Judge, Chancery Division, Family Part, Ocean County. Anthony Allen for himself and as parent of A.A.; Todd Bennett, for himself and as parent of E.B.; Sharir Feldman, for himself and as parent of A.F. and J.F.; Karl Hagberg, for himself and as parent of E.H., A.H. and C.H.; Clifton Hill, for himself and as parent of A.H.; Carly Olivier, for himself and as parent of M.O.; Zia Shaikh, for himself and as parent of M.S., S.S. and H.S. for themselves and on behalf of all other similarly situated v. Timothy Chell; Kathleen Delaney; James DeMarzo; Madelin Einbinder, Lawrence Jones, Severiano Lisboa; John Tomasello; Sherri Schweitzer, Nancy Sivilli and Maureen Sogluizzo. Anthony Allen; Todd Bennett; Scott Edelglass; Sharir Feldman; Werner Grag; Karl Hagberg; Clifton Hill; Samir Joshi; Yehuda B. Litton; Surender Malhan; Carly Olivier; Antonio Quinlan; Zia Shaikh, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 27, 2017.


Attorney(s) appearing for the Case

Paul A. Clark, Esq. [ARGUED], Suite 1N, 10 Huron Avenue, Jersey City, NJ, 07306, Attorney for Appellants.

Daniel J. Kelly, Esq. , Eric S. Pasternack, Esq. , Akeel A. Qureshi, Esq. , Benjamin H. Zieman, Esq. [ARGUED], Office of Attorney General of New Jersey, P.O. Box 112, 25 Market Street, Richard J. Hughes Justice Complex, Trenton, NJ 08625, Attorneys for Appellees.

Before: AMBRO, SHWARTZ, and FUENTES, Circuit Judges


OPINION OF THE COURT

In this case, Plaintiffs, fathers of minor children in New Jersey, challenge the state law governing child custody proceedings between New Jersey parents. Seeking dramatic changes in the way New Jersey conducts these proceedings, Plaintiffs contend, among other things, that the "best interests...

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