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Garcia v. Tard

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


December 5, 1989

JOSE GARCIA, ALONSO BENNETT, HAYDEN TARBY AND BRUCE BAILEY, WILLIAM PEARSON AND JAMES DAVIS
v.
ELIJAH TARD, SUPERINTENDENT NEW JERSEY STATE PRISON, TRENTON, WILLIAM FAUVER, COMMISSIONER OF NEW JERSEY DEPARTMENT OF CORRECTIONS, CAPT. JOHN ADAMS, CAPT. JOSEPH RHYM, LT. STEVEN DORBRON, SGT. DONALD LEWIS, OFFICER ALPHONSUS JASINSKAS, OFFICER CHARLES MITCHELL, OFFICER GREGORY ROBINSON, OFFICER JOHN SMITH, OFFICER STEVEN CORBEZZOLO, OFFICER MICHAEL FATTORI, OFFICER JAMES FOUSSADIER, OFFICER EMORY TINSON, OFFICERS JOHN DOE I THROUGH X, FICTITIOUS NAMES, AS INDIVIDUALS AND IN THEIR OFFICIAL CAPACITIES, SGT. RONALD BACHMAN OF SOUTHERN STATE CORRECTIONAL FACILITY V. WILLIAM CONOVER, MICHAEL CUTLER, LAMONT GRANT, JAMES LEE NEWELL AND JOSEPH STIPPICK V. ELIJAH TARD, SUPERINTENDENT NEW JERSEY STATE PRISON, TRENTON, WILLIAM FAUVER, COMMISSIONER OF NEW JERSEY DEPARTMENT OF CORRECTIONS, CAPT. JOHN ADAMS, CAPT. JOSEPH RHYM, LT. STEVEN DOBSON, SGT. DONALD LEWIS, OFFICER ALPHONSUS JASINSKAS, OFFICER CHARLES MITCHELL, OFFICER GREGORY ROBINSON, OFFICER JOHN SMITH, OFFICER STEVEN CORBEZZOLO, OFFICER MICHAEL FATTORI, OFFICER JAMES FOUSSADIER, OFFICER EMORY TINSON, OFFICERS JOHN DOE I THROUGH X, FICTITIOUS NAMES, AS INDIVIDUALS AND IN THEIR OFFICIAL CAPACITIES, SGT. RONALD BACHMAN OF SOUTHERN STATE CORRECTIONAL FACILITY AND MICHAEL FATTORI, THIRD PARTY PLAINTIFF V. HARRY RIEGEL AND JOHN G. NEWTON, SR., INDIVIDUALLY, JOINTLY AND SEVERALLY, THIRD PARTY DEFENDANT RONALD JEFFERSON V. STATE OF NEW JERSEY DEPARTMENT OF CORRECTION, WILLIAM H. FAUVER, COMMISSIONER OF NEW JERSEY DEPARTMENT OF CORRECTIONS; ELIJAH TARD, JR., SUPERINTENDENT, TRENTON STATE PRISON; CAPTAIN JOHN C. ADAMS, JR., TRENTON STATE PRISON; LT. STEPHEN J. DOBSON, TRENTON STATE PRISON; SERGEANT BACHMAN, LEESBURG CORRECTIONAL FACILITY; SERGEANT DONALD A. LEWIS, TRENTON STATE PRISON; STEPHEN H. CORBEZZOLO; MICHAEL MICHAEL J. FATTORI; JAMES R. FOUSSADIER; ALPHONSON J. JASKINKAS; CHARLES MITCHELL; JOHN E. SMITH; EMORY M. TINSON; JOHN DOE, A FICTITIOUS NAME; JOE DOAKES, A FICTITIOUS NAME; JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, RONALD JEFFERSON & SYLVESTER HOWARD V. STATE OF NEW JERSEY, DEPARTMENT OF CORRECTIONS; ELIJAH TARD, SUPERINTENDENT NEW JERSEY STATE PRISON, TRENTON; WILLIAM FAUVER, COMMISSIONER OF N.J. DEPARTMENT OF CORRECTIONS; CAPT. JOHN ADAMS; CAPT. JOSEPH RHYM; LT. STEVEN DOBSON; SGT. DONALD LEWIS; OFFICER ALPHONSUS JASINSKAS; OFFICER CHARLES MITCHELL; OFFICER GREGORY ROBINSON, OFFICER JOHN SMITH; OFFICER STEVEN CORBEZZOLO; OFFICER MICHAEL FATTORI; OFFICER JAMES FOUSSADIER; OFFICER EMORY TINSON; OFFICERS JOHN DOE I THROUGH X, FICTITIOUS NAMES, AS INDIVIDUALS AND IN THEIR OFFICIAL CAPACITIES JOHN ADAMS, APPELLANT

On Appeal From the United States District Court for the District of New Jersey, D.C. Civil Nos. 84-4663, 85-2511, 86-0749, 86-1711, District Judge: Honorable Garrett E. Brown, Jr.

Affirmed

19891205

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