Penney v. MUNICIPAL COURT OF CHERRY HILL, STATE OF NJ

OPINION

COHEN, District Judge:

Plaintiff, Luana Penney, brought this purported class action under Rule 23(a) (1) and (3) of the Federal Rules of Civil Procedure, for herself and on behalf of all other citizens similarly situated. Her complaint, seeking injunctive and declaratory relief, demanded the convocation of a three-judge statutory court pursuant to 28 U.S.C. § 2281 1 and § 2284. Under attack is the constitutionality of a section of the New Jersey Disorderly Persons Act, R.S. 2A:170-25.6, N.J.S.A., which provides that:

“Any person who attempts to commit suicide is a disorderly person.” 2

The…