Hopson v. Asch, No. 71-1082.

CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)
Writing for the CourtPER CURIAM
Citation457 F.2d 79
Docket NumberNo. 71-1082.
Decision Date14 March 1972
PartiesElla HOPSON, Appellant, v. Karl ASCH, County Prosecutor, Union County, New Jersey and George F. Kugler, Jr., Attorney General for the State of New Jersey, Appellees.

457 F.2d 79 (1972)

Ella HOPSON, Appellant,
v.
Karl ASCH, County Prosecutor, Union County, New Jersey and George F. Kugler, Jr., Attorney General for the State of New Jersey, Appellees.

No. 71-1082.

United States Court of Appeals, Third Circuit.

Argued January 19, 1972.

Decided March 14, 1972.


457 F.2d 80

Richard I. Samuel, Lerner, David & Littenberg, Newark, N. J. (Stephen Nagler, American Civil Liberties Union of N. J., Newark, N. J., on the brief) for appellant.

Elson P. Kendall, Asst. Prosecutor, Elizabeth, N. J. (Karl Asch, Union County Prosecutor, Elizabeth, N. J., on the brief) for appellee Asch.

Michael R. Perle, Dept. of Law and Public Safety, East Orange, N. J. (George F. Kugler, Jr., Atty. Gen. of N. J., Trenton, N. J., on the brief), for appellee Kugler.

Before ADAMS and JAMES ROSEN, Circuit Judges, and STAPLETON, District Judge.

OPINION OF THE COURT

PER CURIAM:

This is an appeal from an order of the district court dismissing the complaint filed by appellant, Ella Hopson.1

Ella Hopson was indicted on two counts. The first count charged her with inciting an assault upon a police officer of the City of Linden, New Jersey, on September 19, 1968, contrary to the provisions of N.J.S. 2A:148-10(b). The second count alleged Ella Hopson committed an assault and battery upon the same police officer on the same occasion in violation of N.J.S. 2A:90-4(a).2

Appellant was convicted on the first count, N.J.S. 2A:148-10(b) and acquitted on the second count, N.J.S. 2A:90-4(a). Her appeal from the conviction is pending in the Superior Court of New Jersey, Appellate Division.3 After she was convicted but prior to appeal, Ella Hopson filed a complaint in the district court seeking to permanently enjoin the enforcement of N.J.S. 2A:148-10 and a declaratory judgment determining that the statute is violative of the Constitution of the United States.

In her complaint she alleges N.J.S. 2A:148-10 is void and unconstitutional on its face in that the statute (a) violates the fundamental guarantees of freedom of speech, freedom of assembly, freedom of association, freedom of thought and freedom of belief, and the freedom of citizens to petition their government for a redress of grievances, all of which are guaranteed by the First and Fourteenth Amendments, (b) is overly broad and vague and its overbroad sweep has a chilling effect upon the exercise of rights guaranteed to all citizens by the First and Fourteenth Amendments, and (c) violates the guarantees of due process contained in the Fourteenth Amendment in that its provisions are vague and indefinite and fail to meet the requirement of certainty in statutes which...

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2 practice notes
  • Independent Tape Merchant's Association v. Creamer, Civ. No. 72-73.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • 24 Julio 1972
    ...v. Thompson, N.D.Ga.1971, 334 F.Supp. 1386, aff'd, 5 Cir. 1972, 459 F.2d 919; cf. Younger v. Harris, supra; Hopson v. Asch, 3 Cir.1972, 457 F.2d 79. Plaintiff has alleged that a failure to enjoin state officials from prosecuting will yield a multiplicity of harassing and vexatious litigatio......
  • Oldroyd v. Kugler, No. 71-1118.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 2 Junio 1972
    ...or information had been filed against any of the plaintiffs. The case at bar, therefore, differs from Hopson v. Asch, County Prosecutor, 457 F.2d 79 (3 Cir. 1972) Per Curiam, in that the indictment of Hopson and her conviction on one count of an indictment occurred prior to the instituting ......
2 cases
  • Independent Tape Merchant's Association v. Creamer, Civ. No. 72-73.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • 24 Julio 1972
    ...v. Thompson, N.D.Ga.1971, 334 F.Supp. 1386, aff'd, 5 Cir. 1972, 459 F.2d 919; cf. Younger v. Harris, supra; Hopson v. Asch, 3 Cir.1972, 457 F.2d 79. Plaintiff has alleged that a failure to enjoin state officials from prosecuting will yield a multiplicity of harassing and vexatious litigatio......
  • Oldroyd v. Kugler, No. 71-1118.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 2 Junio 1972
    ...or information had been filed against any of the plaintiffs. The case at bar, therefore, differs from Hopson v. Asch, County Prosecutor, 457 F.2d 79 (3 Cir. 1972) Per Curiam, in that the indictment of Hopson and her conviction on one count of an indictment occurred prior to the instituting ......

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