Ronald Chen
Rutgers Constitutional Litigation Clinic
Center for Law & Justice
123 Washington Street
Newark, New Jersey 07102
(973) 353-5378
Edward Barocas
American Civil Liberties Union of New Jersey Foundation
35 Halsey Street
Newark, New Jersey 07102
(973) 642-2086
Howard Moskowitz
Post Office Box 16675
Jersey City, New Jersey 07306
(201) 239-0100
Attorneys for Plaintiffs
AMERICAN CIVIL LIBERTIES UNION OF : SUPERIOR COURT OF NEW JERSEY
NEW JERSEY, INC. and DEBORAH JACOBS, : LAW DIVISION
: HUDSON COUNTY
Plaintiffs, : Docket No.
v. : Civil
COUNTY OF HUDSON; RALPH GREEN, as :
Director of the Hudson County Department of :
Corrections and Custodian of Records of the :
Hudson County Jail; COUNTY OF PASSAIC; : COMPLAINT IN LIEU OF
and FELIX GARCIA, as Warden and Custodian : PREROGATIVE WRITS
of Records of the Passaic County Jail,
Defendants.
1
Plaintiffs, American Civil Liberties Union of New Jersey, Inc., having its principal offices
of Newark, Essex County, New Jersey, and Deborah Jacobs, residing in the Township of Montclair,
County, New Jersey, say by way of complaint:
PRELIMINARY STATEMENT
1. This is an action in lieu of prerogative writs to review defendants' unlawful refusal
available to plaintiffs public records for inspection and copying as required by N.J.S.A. 30:8-16;
30:8-2; N.J.A.C. 10A:31-6.5; the Right-to-Know Law, N.J.S.A. 47:1A-1 et seq.; and/or the common-
SNIPPETS:
Rutgers Constitutional Litigation Clinic Center for Law & Justice
American Civil Liberties Union of New Jersey Foundation
Howard Moskowitz Post Office Box 16675 Jersey City,
Attorneys for Plaintiffs
AMERICAN CIVIL LIBERTIES UNION OF: SUPERIOR COURT OF NEW JERSEY
Director of the Hudson County Department of:
and FELIX GARCIA, as Warden and Custodian: PREROGATIVE WRITS of Records of the Passaic County
This is an action in lieu of prerogative writs to review defendants' unlawful refusal to make
available to plaintiffs public records for inspection and copying as required by N.J.S.A.
and/or the commonlaw right of access to public records, as to all persons confined in the
This action is premised exclusively on and demands relief solely pursuant to New Jersey law.
Plaintiff Deborah Jacobs is a citizen of New Jersey, residing in the Township of Montclair.
30:8-19, it exercises custody, rule, keeping and charge of the Passaic County Jail and
Defendant Felix Garcia is Warden of the Passaic County Jail and also jailer and keeper thereof
On November 28, 2001, plaintiff Jacobs, acting through Edward Barocas, Esq., Legal
record request to defendant Green regarding disclosure of records pertaining to each person
commitment, and whether the commitment was made pursuant to contract with a federal agency.
that letter is attached hereto as Exhibit "A" to this Complaint and is incorporated herein.
o the care and custody of the Passaic County Jail during the same time period.
30:816, itself, to be readily accessible to the public was and is in violation of express
Plaintiffs repeat and incorporate by reference the allegations set forth in paragraphs 1
The public enjoy common law right of access to public records generated or maintained by the
For costs of suit and reasonable attorneys' fees;
Plaintiffs certify that the matter in controversy, i.e. disclosure of state public records by
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