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Vol. 3 No. 140 – JULY 27, 1995 STATE COURT CASES ADMINISTRATIVE LAW AND PROCEDURE — MEDICAL EXAMINERS 01-2-6252 Claus P. Speth v. James Lewis, D.O., et al., App. Div. (9 pp.) Former county medical examiner does not have standing to challenge, in an administrative hearing, the Division of Criminal Justice director’s determination that current county medical examiner meets all of the statutory requirements to serve in that job, and the director’s refusal to transfer the matter to the Office of Administrative Law as a “contested case is affirmed. CIVIL RIGHTS — FALSE IMPRISONMENT 46-2-6253 Benjamin Burgess v. City of East Orange, et al. App. Div. (12 pp.) Where plaintiff was arrested and detained for four days without being brought before a judicial officer, JNOV was properly entered despite defendants’ failure to make a motion for judgment or its functional equivalent, because (1) the detention was not part of a systemized policy or custom and therefore not in violation of Section 1983, and (2) the detention did not constitute false imprisonment because it was the result of an act of omission, not commission, and therefore is immunized pursuant to Section 3-5 of the Tort Claims Act. CONSTITUTIONAL LAW — ‘MEGAN’S LAW’ 10-2-6252 John Doe, etc. v. Deborah Poritz, Atty. Gen’l, etc., Law Division (36 pp.) The registration and community notification portions of “Megan’s Law do not violate the ex post facto, double jeopardy, cruel and unusual punishment or bill of attainder clauses of the state or federal constitutions, and do not deprive sex offenders of the right to equal protection under the laws or to their constitutional right to privacy. [Decided Feb. 22, 1995, and approved for publication July 25, 1995. See DDS No. 10-1-6236 for the related state Supreme Court opinion on this case.] EVIDENCE — DISCOVERY 19-1-6253 Linda Hawkins v. Brian Harris, et al. Supreme Ct. (32 pp.) Relevant statements made in the course of pretrial discovery by private investigators employed by the parties or their representatives are protected by an absolute privilege and are, therefore, immune from liability. FAMILY LAW — DOMESTIC VIOLENCE 20-2-6254 L.N. v. R.R., App. Div. (9 pp.) Temporary restraining order is reversed where trial court made no finding of a specific intent to harass and no finding of a previous violent history between the parties–rather than an isolated event–which would bear on whether immediate danger to person or property is present. 20-2-6255 Nicholas Jutchenko v. Anthony Jutchenko, App. Div. (5 pp.) Although the Domestic Violence Act extends to protect any person who is a present or former household member, it does not extend to alleged harassment by one brother against another where the brothers have not resided in the same household for 20 years. LAND USE — ZONING 26-2-6256 State v. Thomas McCaffrey, App. Div. (5 pp.) Storing shrubbery on an unoccupied residential property in R-2B zone was not a permitted agricultural use because there was no cultivation of the soil; moreover, evidence supports finding that the storage was commercial because it was part of a landscaping business run by owner’s brother. CRIMINAL LAW AND PROCEDURE — EVIDENCE 14-1-6257 State v. John Worthy, et al., Supreme Ct. (33 pp.) The N.J. Wiretap Control Act applies to the interception of out-of-state telephone calls when a person located in New Jersey is a party, when the interception is undertaken for the purpose of investigating criminal activity in New Jersey, and when New Jersey law enforcement officers direct, or cooperate in, the interception. Because prosecutorial review was not obtained for the initial wiretap interceptions, the conversations were unlawfully intercepted and must be suppressed, as well as any evidence derived from that illegal interception.

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