sexual assault, attempted endangering the welfare of a child, and attempted sexual assault. He was sentenced to a 20-year prison term.
Plaintiff appealed his conviction to the Superior Court, Appellate Division on October 31, 1986. The appeal is still pending in Monmouth County. In an Order dated December 3, 1986, this court granted plaintiff's motion to file his complaint in forma pauperis, and dismissed all claims made in the interest of the minor B.M. On December 4, 1986, plaintiff filed this civil rights action under 42 U.S.C. § 1983, alleging violations of the Fourth, Fifth, Sixth and Fourteenth Amendments to the United States Constitution.
On April 23, 1987, this court denied defendants' motion to dismiss for failure to answer interrogatories, and issued an Order to compel discovery. By notice of motion originally returnable on June 15, 1987, defendants have moved to dismiss the complaint for failure to state a claim. Plaintiff has opposed the motion, and has additionally, moved for appointment of counsel. The motions were adjourned to July 20, 1987 to grant plaintiff additional time to respond.
In this § 1983 action, plaintiff seeks relief in the form of a declaratory judgment that his indictment and conviction were improper and demands that compensatory and punitive damages be assessed against all defendants named in the complaint. His complaint challenges the legality of his indictment, trial and conviction, and subsequent incarceration as violative of his constitutional rights. Section 1983 of the Civil Rights Act of 1871 provides that any person who, under color of state law,
subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.