Anderson v. Sills

256 A.2d 298, 106 N.J. Super. 545
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 30, 1969
StatusPublished
Cited by2 cases

This text of 256 A.2d 298 (Anderson v. Sills) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Sills, 256 A.2d 298, 106 N.J. Super. 545 (N.J. Ct. App. 1969).

Opinion

106 N.J. Super. 545 (1969)
256 A.2d 298

DENISE ANDERSON, WILLIAM ANDERSON, ROBERT W. CASTLE, ARLENE LATKO, JOEL MYRON, ADRIAN TENHOR AND JERSEY CITY BRANCH OF NAACP, INDIVIDUALLY AND ON BEHALF OF THOSE PERSONS AND ORGANIZATIONS SIMILARLY SITUATED, PLAINTIFFS,
v.
ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, STEVEN NESTOR, POLICE CHIEF OF JERSEY CITY, GEORGE N. BONELLI, SHERIFF OF HUDSON COUNTY AND GEORGE WHELAN, POLICE DIRECTOR OF JERSEY CITY, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES AND AS REPRESENTATIVES OF THE CLASS OF POLICE CHIEFS, COUNTY SHERIFFS, MUNICIPAL, COUNTY AND STATE LAW ENFORCEMENT OFFICIALS OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

July 30, 1969.

*547 Mr. Morris Stern for plaintiffs (Mr. Morris Stern, Mr. L. Walter Finch, Mrs. Muriel Finch, Mr. Frank Askin and Mr. Arthur D'Italia on the brief; Mr. Stephen M. Nagler, Mr. Melvin Wulf and Mrs. Eleanor Norton of American Civil Liberties Union, of counsel).

Mr. Joseph A. Hoffman, First Assistant Attorney General, for defendant Arthur J. Sills (Mr. Stephen Skillman, Deputy Attorney General, on the brief; Mr. Arthur J. Sills, Attorney General, attorney).

Mr. James F. Ryan, Corporation Counsel of Jersey City, for defendants Steven Nestor and George Whelan.

Mr. Daniel F. Gilmore, Assistant County Counsel for Hudson County, for defendant George N. Bonelli (Mr. William F. Kelly, Jr., Hudson County Counsel, attorney).

MATTHEWS, J.S.C.

Plaintiffs are adult citizens and a civil rights organization of Hudson County. They have instituted this action seeking a declaratory judgment that the use of a reporting system by local and county officials to gather and compile information relating to potential and actual civil disorders violates the United States Constitution. They also seek injunctive relief against the continuance of such reporting system and for the termination thereof.

On or about April 23, 1968 defendant Attorney General Sills distributed a memorandum entitled "Civil Disorders — the Role of Local, County and State Government" to municipal and county officials within New Jersey. A letter accompanying the memorandum, signed by the Attorney General, indicated that it was being distributed pursuant to *548 a conference held between Governor Hughes and the mayors of various municipalities of the State on April 16, 1968.

The memorandum deals with many aspects of the problem of civil disorder, including methods of advance planning, mutual assistance between municipalities, summoning assistance from State Police and National Guard, legal steps to be taken in proclaiming an emergency, and the control of false rumors which may escalate a civil disorder.

Plaintiffs here seek review of and relief from only a small segment of the 43-page memorandum. The matter at issue is contained in a portion of the memorandum, printed on page 19 thereof, which is entitled "Potential Problems" and which reads as follows:

"Our State Police have been working closely with local police in various communities throughout the State in a continuing effort to keep abreast of potential civil disorder problems. In that respect, therefore, we are already familiar generally with basic problems in these communities. However, these problems change and we should never become over confident to the end that we lose sight of the cause, as well as the effect of civil disturbances. The State Police Central Security Unit has distributed Security Summary Reports (Form 421) and Security Incident Reports (Form 420) (see Appendix G) to each police department. It is necessary that these reports be used routinely to inform the State Police of the situation in your community. We urge you to see that this vital intelligence is communicated to this central bureau for evaluation and dissemination."

Forms 420 and 421, mentioned in the memorandum, along with instructions for their preparation, are reproduced as Appendices A and B, respectively, to this opinion.

Form 420, the Security Incident Report Form, refers in paragraph 9 to a civil disturbance, riot, rally, protest, demonstration, march and confrontation as being illustrative of incidents which are urged to be reported. Paragraphs 4 through 6 indicate that anticipated incidents, incidents still in progress and completed incidents all fall within the scope of the reporting system. The report is designed to determine the names of organizations or groups involved, leaders, the type of organization and the nature of the incident. It also *549 requests the reporting authority to identify the source of information concerning the incident. Form 421, the Security Summary Report, is designed to obtain information concerning individuals who may be connected with potential civil disorder problems. Various information is solicited concerning the subject of Form 421 report and also the sources of information.

Generally, plaintiffs submit that the intelligence system urged by the Attorney General is so broad and sweeping that any gathering or event could qualify for a write-up, entry of a report into central State files, evaluation and dissemination. Broadly, they urge that this system, considering its scope, can only have a deterring effect on the exercise of First Amendment rights not only by them but also by all citizens.

This matter is presently before the court on a motion by the Attorney General to dismiss the complaint as failing to state a cause of action. Plaintiffs have answered this motion by moving for summary judgment. Concededly, there are no relevant issues of fact which must be determined by the court.

The first issue raised by the Attorney General on his motion is that the complaint does not allege facts indicating that any of the plaintiffs has been aggrieved by the intelligence reporting system challenged herein. Since it is contended that none of the plaintiffs has demonstrated or indicated that they have been aggrieved in any way by the intelligence reporting system, their standing to press the constitutional claims made in the complaint are challenged. The Attorney General further alleges that the failure to allege facts which would confer standing on any of the plaintiffs represents something more than a mere technical defect in pleading; he questions whether anyone would genuinely be deterred from exercising First Amendment rights because of the knowledge of the existence of the State Police intelligence system; he urges that the vital role that this intelligence system plays in the affairs of the State *550 should require this court to adhere strictly to the doctrine of standing and only entertain an action by someone who can particularize the manner in which he has been harmed.

I believe that the Attorney General has oversimplified the problem. This is an action for declaratory judgment under N.J.S. 2A:16-50 et seq. Decisions of our courts have indicated that one need not wait until he has been found to violate the law before seeking judicial relief as to the applicability of statutes. See State v. Baird, 50 N.J. 376 (1967); Sanitary Vendors, Inc. v. Byrne, 40 N.J. 157 (1963); Lucky Calendar Co. v. Cohen, 19 N.J. 399 (1955). In the area of constitutional litigation the United States Supreme Court has in recent decisions shown a marked relaxation of standards of justiciability where governmental action inhibits the exercise of First Amendment rights. See, e.g., Dombrowski v. Pfister, 380 U.S.

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Related

Anderson v. Sills
363 A.2d 381 (New Jersey Superior Court App Division, 1976)
Donohoe v. Duling
330 F. Supp. 308 (E.D. Virginia, 1971)

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Bluebook (online)
256 A.2d 298, 106 N.J. Super. 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-sills-njsuperctappdiv-1969.