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BERNSTEIN v. STATE

No. A-1601-08T3.

986 A.2d 22 (2010)

411 N.J. Super. 316

Joseph BERNSTEIN, individually and as Administrator Ad Prosequendum of the Estate of Alexander Bernstein, and Ann Marie Tallon, Plaintiffs-Appellants, v. STATE of New Jersey, New Jersey State Department of Corrections, East Jersey State Prison, SCO Stacy Grant, SCO Robert Tone, SCO Ronald Williams, SCO Desma Flores, SCO Gabriel Baez, SCO Diane Palmer, Sgt. Robert Bonilla, Sgt. Robert Mitchell, SCO George Colello, Sgt. Robert Lapenta, SCO Bryant Flores, Captain Francis Pascucci, SCO Vincent Alberto, SCO Lawrence Artist, SCO Douglas Frank, Lt. Dennis Walsh, Hrysso Fernbach Psy.D., Dr. Miller, Donald R. Reeves, M.D., LCSW Valerie L. Yorker, and LCSW Adrian Serafin, Defendants, and Commissioner Devon Brown, Chief of Staff Charles Ellis, Administrator Terrance Moore, Lt. James Mattia, Sgt. John Cunningham, Acting Director of Custody Operations Joseph Ring, Lt. Joseph Cifelli, SCO Gerard Sheehan, SCO Eleanor Houston, SCO Robert Maretz, SCO Patrick Scully, Sgt. Myron Popowych, SCO Douglas Smith, SCO Douglas Rokisky, SCO Milton Alexander, SCO Eric Hastings, SCO Keith Smith, SCO Linda Boswell, Sgt. Robert Mikulak, Sgt. Michael Morris, Assistant Superintendent Michael Power, Assistant Chief Administrator Christopher Hammer, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 2010.

Attorney(s) appearing for the Case

O'Connor, Parsons, & Lane, L.L.C., attorneys for appellants (William R. Lane, of counsel; Jose D. Roman, Old Bridge, on the brief).

Anne Milgram, Attorney General, attorney for respondents (Melissa H. Raksa, Assistant Attorney General, of counsel; Karen L. Jordan, Deputy Attorney General, on the brief).

Before Judges CARCHMAN, PARRILLO and ASHRAFI.

The opinion of the court was delivered by

PARRILLO, J.A.D.

Plaintiff Joseph Bernstein, administrator ad prosequendum of the estate of his son, Alexander Bernstein, appeals from the September 30, 2008 summary judgment dismissal of his state common law tort and federal civil rights lawsuit against the State of New Jersey, its Department of Corrections (DOC), East Jersey State Prison, and numerous DOC officials and employees (collectively, State defendants)....

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