BARLYN v. DOW

DOCKET NO. A-0779-13T4

92 A.3d 1166 (2014)

436 N.J. Super. 161

Bennett A. BARLYN, Plaintiff-Respondent, v. Paula T. DOW, Individually and in her official capacity as Attorney General of New Jersey; Stephen J. Taylor, Individually and in his official capacity as Director of the New Jersey Division of Criminal Justice; Dermot O'Grady, Individually and in his official capacity as Acting Hunterdon County Prosecutor; The State of New Jersey; The Office of the Attorney General; The New Jersey Division of Criminal Justice; The County of Hunterdon, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 2014.


Attorney(s) appearing for the Case

Jane A. Greenfogel , Deputy Attorney General, argued the cause for appellants ( John J. Hoffman , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Greenfogel and Kathryn J.H. Boardman , Deputy Attorney General, on the brief).

Robert E. Lytle , Lawrenceville, argued the cause for respondent (Szaferman, Lakind, Blumstein & Blader, P.C., attorneys; Mr. Lytle, on the brief).

Before Judges MESSANO, HAYDEN and ROTHSTADT.


The opinion of the court was delivered by

MESSANO, P.J.A.D.

Plaintiff Bennett A. Barlyn filed a two-count complaint in the Law Division, Mercer County, naming as defendants individually and in their official capacities, Paula T. Dow, who at all relevant times alleged in the complaint was Attorney General of the State of New Jersey, Stephen J. Taylor, then Director of the New Jersey Division of Criminal Justice (DCJ), and Dermot O'Grady, an Assistant Attorney...

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