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IN RE RODRIGUEZ

Docket Nos. A-2616-10T1, A-2706-10T1

33 A.3d 519 (2011)

423 N.J. Super. 440

In the Matter of Daniel RODRIGUEZ. In the Matter of Douglas Tubby.

Superior Court of New Jersey, Appellate Division.

Decided December 20, 2011.

Attorney(s) appearing for the Case

Donald C. Barbati argued the cause for appellants Daniel Rodriguez and Douglas Tubby (Pellettieri, Rabstein & Altman, attorneys; Frank M. Crivelli and Mr. Barbati , Princeton, on the brief).

Mary Beth Wood , Senior Deputy Attorney General, argued the cause for respondent Department of Law and Public Safety ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Wood, on the brief).

Before Judges PARRILLO, GRALL and SKILLMAN.

The opinion of the court was delivered by

GRALL, J.A.D.

Douglas Tubby and Daniel Rodriguez are corrections officers employed by the Department of Corrections (DOC), and they are among the defendants in a civil action filed by an inmate. The inmate, Eduardo McLaughlin, alleges violations of the Civil Rights Act, N.J.S.A. 10:6-1 to 6-2, and the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3.2 Tubby and Rodriguez appeal from...

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