Holman v. Hilton

OPINION

DEBEVOISE, District Judge.

This summary judgment motion presents a challenge to the constitutionality of N.J. S.A. 59:5-3, a New Jersey statute which bars the commencement of any action in the state courts “by or on behalf of a prisoner against a public entity or public employee until such prisoner shall be released from confinement.” For the reasons which follow, I conclude that the statute is unconstitutional and will grant judgment in plaintiff’s favor.

1. Background

The parties are in agreement upon the facts essential to a resolution of the motion.

Plaintiff, Charles C. Holman, was…