JONES v. HAYMAN

No. A-3173-09T3

13 A.3d 416 (2011)

418 N.J. Super. 291

Kathleen JONES, Lakesha Jones, Sylvia Flynn and Helen L. Ewell, on behalf of themselves and all individuals similarly situated, Plaintiffs-Appellants, v. George W. HAYMAN, in his official capacity as Commissioner of the New Jersey Department of Corrections; James Barbo, in his official capacity as Acting Deputy Commissioner of the New Jersey Department of Corrections; Lydell Sherrer, in his official capacity as Acting Assistant Commissioner for the Division of Operations of the New Jersey Department of Corrections, William Hauck, in his official capacity as Acting Administrator of the Edna Mahan Correctional Facility, Michelle Ricci, in her official capacity as Administrator of the New Jersey State Prison, Alfred N. Kandell, in his official capacity as Assistant Administrator of the New Jersey State Prison, James Drumm, in his official capacity as Assistant Administrator of the New Jersey State Prison, Herbert A. Kaldany, in his official capacity as Director of Psychiatry of the New Jersey Department of Corrections, and Thomas F. Dechan, in his official capacity as Director of Education of the New Jersey State Prison, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 2011.


Attorney(s) appearing for the Case

Mie Lewis (American Civil Liberties Union Foundation Women's Rights Project) of the New York Bar, admitted pro hac vice, argued the cause for appellants (American Civil Liberties Union of New Jersey Foundation, attorneys; Ms. Lewis, Lenora M. Lapidus and Edward L. Barocas , on the brief).

Dianne M. Moratti , Deputy Attorney General, argued the cause for respondents ( Paula T. Dow , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Moratti, on the brief).

Before Judges FUENTES, ASHRAFI and NUGENT.


The opinion of the court was delivered by

FUENTES, J.A.D.

This appeal requires us to consider under what circumstances a plaintiff, who brings an action pursuant to statutes containing fee-shifting provisions, may be deemed a prevailing party under the catalyst theory when the underlying action is dismissed as moot without a final judicial determination on the merits of the case.

Plaintiffs Kathleen Jones, Lakesha Jones, Sylvia Flynn, and Helen Ewell...

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