Case: Waterman v. Verniero

2:98-cv-01938 | U.S. District Court for the District of New Jersey

Filed Date: April 24, 1998

Closed Date: 2000

Clearinghouse coding complete

Case Summary

Two prisoners at a facility for sex offenders filed this §1983 action in the United States District Court for the District of New Jersey on April 24, 1998, against the state of New Jersey, alleging a violation of their First Amendment rights. Specifically, the plaintiffs alleged that a New Jersey law banning "sexually oriented materials" in the state's Adult Diagnostic and Treatment Center (ADTC) was unconstitutionally overbroad and vague, as well as a violation of their right to free speech.O…

Two prisoners at a facility for sex offenders filed this §1983 action in the United States District Court for the District of New Jersey on April 24, 1998, against the state of New Jersey, alleging a violation of their First Amendment rights. Specifically, the plaintiffs alleged that a New Jersey law banning "sexually oriented materials" in the state's Adult Diagnostic and Treatment Center (ADTC) was unconstitutionally overbroad and vague, as well as a violation of their right to free speech.

On June 1, 1998, the Court (Mag. Judge Joel A. Pisano) issued a temporary restraining order prohibiting defendant from enforcing the relevant state law. On June 29, the Court granted a preliminary injunction prohibiting defendant from enforcing that law. 12 F.Supp.2d 364 (amended July 21, 1998). On July 22, the Court (Judge Alfred M. Wolin) found New Jersey's statute unconstitutional and permanently enjoined state officials from enforcing it. 12 F.Supp.2d 378. On August 11, 1998, the Court permanently enjoined defendants from prohibiting inmates to possess and view recreational movies.

On June 30, 1999, the Court of Appeals (Circuit Judge Alito) reversed, holding that the state statute did not violate plaintiffs' constitutional rights and remanded with instructions to enter judgment for defendant. 183 F.3d 208.

On March 3, 2000, the district court (Magistrate Judge Pisano) denied plaintiff's request for attorney fees, holding that the applicable statute precluded recovery when the suit merely catalyzed (but did not compel) state curative action, and such denial of the catalyst basis for fees recovery did not violate plaintiffs' equal protection rights. 84 F.Supp.2d 579. The plaintiffs appealed this decision.

On September 27, 2000, the Court of Appeals amended the cost taxed against the defendant, adding an additional $598.40. We don't have the order, but it appears that the Court of Appeals did not alter the attorneys' fee part of the judgment. Nothing more appears in the district court docket.

Summary Authors

Timothy Shoffner (4/30/2013)

Jessica Kincaid (2/14/2016)

People


Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Barry, Maryanne Trump (New Jersey)

Lewis, Timothy K. (Pennsylvania)

Nygaard, Richard Lowell (Pennsylvania)

Pisano, Joel A. (New Jersey)

Wolin, Alfred M. (New Jersey)

Attorneys(s) for Plaintiff

Hobbie, Gregg M. (New Jersey)

Lustberg, Lawrence S. (New Jersey)

Attorneys(s) for Defendant

Bollheimer, Ronald L. (New Jersey)

O'Malley, Peter G. (New Jersey)

Judge(s)

Alito, Samuel A. Jr. (New Jersey)

Barry, Maryanne Trump (New Jersey)

Lewis, Timothy K. (Pennsylvania)

Nygaard, Richard Lowell (Pennsylvania)

Pisano, Joel A. (New Jersey)

Wolin, Alfred M. (New Jersey)

Attorneys(s) for Plaintiff

Hobbie, Gregg M. (New Jersey)

Lustberg, Lawrence S. (New Jersey)

Attorneys(s) for Defendant

Bollheimer, Ronald L. (New Jersey)

O'Malley, Peter G. (New Jersey)

Ragonese, David Marcos (New Jersey)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 5, 2000 Docket

Opinion [Granting Preliminary Injunction]

12 F.Supp.2d 364

July 21, 1998 Order/Opinion
36

Opinion [Granting Permanent Injunction and Dismissing Case]

12 F.Supp.2d 378

July 22, 1998 Order/Opinion

Opinion of the Court [Reversing and Remanding to District Court]

U. S. Court of Appeals for the Third Circuit

183 F.3d 208

June 30, 1999 Order/Opinion
54

Opinion [Denying Plaintiffs' Application]

84 F.Supp.2d 579

March 1, 2000 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

APPLICATION to proceed in forma pauperis (femp) (Entered: 04/29/1998)

April 24, 1998
2

CONDITIONAL ORDER granting in forma pauperis, directing initial partial filing fee of $43.17, accepting check for $25.00 and ordering balance of $18.17 to be paid within 120 days ( signed by Judge Alfred M. Wolin ) (femp) (Entered: 04/29/1998)

April 24, 1998
3

COMPLAINT filed FILING FEE $ 25.00 Sub total $$50.00 RECEIPT # 0251514 (nr) Modified on 08/14/1998 (Entered: 05/12/1998)

May 7, 1998
4

NOTICE of by RICHARD WATERMAN, MICHAEL CURTIS for waiver of service of summons and complt. (nr) (Entered: 05/12/1998)

May 7, 1998
5

APPLICATION/motion to dispense with security requirement (nr) (Entered: 05/12/1998)

May 7, 1998
6

APPLICATION/motion for assignment of counsel with proof of service. (nr) (Entered: 05/12/1998)

May 7, 1998
7

APPLICATION/motion for temporary restraining order (nr) (Entered: 05/12/1998)

May 7, 1998
8

APPLICATION/motion for class certfication (nr) (Entered: 05/12/1998)

May 7, 1998
9

LETTER By RICHARD WATERMAN, MICHAEL CURTIS in support of pltfs' motion for temporary restraining order (nr) (Entered: 05/12/1998)

May 7, 1998
10

NOTICE of Allocation and Assignment filed. Magistrate Judge Joel A. Pisano (nr) (Entered: 05/12/1998)

May 12, 1998

SUMMONS(ES) issued for PETER VERNIERO, JACK TERHUNE, WILLIAM PLANTIER ( 20 Days) (Place in USM box) (nr) Modified on 05/12/1998 (Entered: 05/12/1998)

May 12, 1998
11

ORDER denying temporary restraining order; reserving decision of application to proceed in forma pauperis and directing Magistrate Pisano to decide the issue appointing counsel ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 05/20/1998)

May 19, 1998
12

OPINION ( signed by Mag. Judge Joel A. Pisano ) (mn) (Entered: 05/22/1998)

May 21, 1998
14

ORDER granting pltf's motion to proceed in forma pauperis ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 05/29/1998)

May 28, 1998
15

TRO &ORDER TO SHOW CAUSE: why a preliminary injunction should not be issue Show Cause Hearing set for 10:00 6/16/98 ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 06/02/1998)

June 1, 1998
16

RETURN OF SERVICE executed 5/18/98 on ADTC (nr) (Entered: 06/02/1998)

June 2, 1998
17

RETURN OF SERVICE executed 5/28/98 Answer due on 10:00 6/16/98 Depart of Corrections (nr) (Entered: 06/02/1998)

June 2, 1998
18

Partial payment fee as to RICHARD WATERMAN Receipt No. 0251992 Amount Paid $ 25.00 Subtotal $ 75.00 (nr) Modified on 08/14/1998 (Entered: 06/08/1998)

June 8, 1998
19

APPLICATION by PETER VERNIERO and Clerk's Order extending time to answer. Answer due 7/6/98 for PETER VERNIERO (nr) (Entered: 06/09/1998)

June 8, 1998
20

APPLICATION by JACK TERHUNE and Clerk's Order extending time to answer. Answer due 7/2/98 for JACK TERHUNE (nr) (Entered: 06/09/1998)

June 8, 1998
21

APPLICATION by WILLIAM PLANTIER and Clerk's Order extending time to answer. Answer due 6/22/98 for WILLIAM PLANTIER (nr) (Entered: 06/09/1998)

June 8, 1998
24

AFFIDAVIT of TIMOTHY P. FOLEY on behalf of PETER VERNIERO, JACK TERHUNE, WILLIAM PLANTIER Re: (nr) (Entered: 06/12/1998)

June 12, 1998
25

CERTIFICATE OF SERVICE by RICHARD WATERMAN, MICHAEL CURTIS of letter reply brief re prelinj etc (pv) (Entered: 06/15/1998)

June 12, 1998
26

Partial payment fee as to RICHARD WATERMAN Receipt No. 0252091 Amount Paid $ 50.00 Subtotal $ 125.00 (nr) Modified on 08/14/1998 (Entered: 06/15/1998)

June 15, 1998
27

CERTIFICATION of CHARLES TRIMBLET on behalf of pltf. (nr) (Entered: 06/17/1998)

June 16, 1998
28

CERTIFICATION of RICHARD J. WATERMAN (nr) (Entered: 06/17/1998)

June 16, 1998
29

CERTIFICATION of MICHAEL N. CURTIS on behalf of pltf. (nr) (Entered: 06/17/1998)

June 16, 1998
30

CERTIFICATION of MICHAEL SILVESTRI on behalf of RICHARD WATERMAN (nr) (Entered: 06/17/1998)

June 16, 1998
31

Minute entry: Proceedings recorded by Ct−Reporter: McGuire; Minutes of: 06.16.98; The following actions were taken, [15−1] order taken under advisement, rule 78 By Judge Alfred M. Wolin (nr) (Entered: 06/18/1998)

June 16, 1998
32

ANSWER to Complaint by PETER VERNIERO, JACK TERHUNE, WILLIAM PLANTIER (nr) (Entered: 06/22/1998)

June 22, 1998
33

OPINION (Copy to NJLJ) ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 06/30/1998)

June 29, 1998
34

ORDER, vacating temporary restraints and preliminarily enjoining the State of New Jersey from prohibiting the inmates at Adult Diagnostic Treatment Center from possessing and viewing movies with "R" and "NC−13" ratings, setting trial date for 10:00 7/20/98 ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 06/30/1998)

June 29, 1998
35

Minute entry: Proceedings recorded by Ct−Reporter: n; Minutes of: 07.15.98; The following actions were taken, Pretrial conferenc. Pursuant to 65(a)(21) consolidation of hrg. with trial on merits, shall be decided pursuant to Rule 78 By Judge Alfred M. Wolin (nr) (Entered: 07/17/1998)

July 15, 1998
36

OPINION (Copy to NJLJ) ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 07/23/1998)

July 22, 1998
38

Letter Opinion amending opinion of 6−29−98 ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 07/23/1998)

July 22, 1998

Case closed (nr) (Entered: 07/23/1998)

July 23, 1998
39

Partial payment fee as to RICHARD WATERMAN Receipt No. 0252921 Amount Paid $ 25.00 Subtotal $ 150.00 (nr) Modified on 08/14/1998 (Entered: 07/30/1998)

July 29, 1998
40

RETURN OF SERVICE executed as to PETER VERNIERO 7/10/98 Answer due on 7/30/98 for PETER VERNIERO (nr) (Entered: 07/30/1998)

July 29, 1998
41

ORDER permanently enjoining defts. form prohibting the inmate population of Adult Diagnostic and Treatment Center from possessing and viewing recreational movies, etc. ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 08/13/1998)

Aug. 11, 1998
43

NOTICE OF APPEAL filed at 8:30a.m. by PETER VERNIERO, JACK TERHUNE, WILLIAM PLANTIER Re: [37−1] order . Fee Status: $105.00. Copies of notice of appeal sent to USCA and Attorney(s): RONALD LEE BOLLHEIMER, LAWRENCE S. LUSTBERG, MICHAEL CURTIS, RICHARD WATERMAN (nr) (Entered: 08/21/1998)

Aug. 21, 1998

Record complete for purposes of appeal. (nr) (Entered: 08/21/1998)

Aug. 21, 1998

Record on appeal sent to U.S. Court of Appeals: [43−1] appeal (nr) (Entered: 08/21/1998)

Aug. 21, 1998
44

NOTICE of Docketing ROA from USCA Re: [43−1] appeal USCA NUMBER: 98−6261 (jd) (Entered: 08/28/1998)

Aug. 28, 1998
45

Transcript Purchase Order RE: [43−1] appeal; indicating none (sr) (Entered: 09/04/1998)

Sept. 4, 1998

Record return from USCA (nr) (Entered: 09/30/1998)

Sept. 30, 1998
46

Letter Order postponing decision on pltf's application for attorney's fees pending decision on appeal ( signed by Mag. Judge Joel A. Pisano ) (nr) (Entered: 10/09/1998)

Oct. 8, 1998
47

Certified Copy Of Order from the USCA substituting John Farmer Jr. as Attorney General in place of Peter Verniero (nr) (Entered: 07/02/1999)

July 1, 1999
48

Copy to OPINION from USCA (nr) (Entered: 08/10/1999)

Aug. 9, 1999
49

ORDER on Mandate from USCA reversing and remanding action to USDC for further proceeding with costs (nr) (Entered: 08/10/1999)

Aug. 9, 1999
50

ORDER on mandate reversing and remanding action to USDC for further proceedings, etc. ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 09/01/1999)

Aug. 30, 1999
51

LETTER By RICHARD WATERMAN in further support of pltf's application for attorney's fees (nr) (Entered: 10/07/1999)

Sept. 30, 1999
52

AFFIDAVIT of Karen J. Wells in support of defts' opposition to plft's application for attorney's fees (nr) (Entered: 10/26/1999)

Oct. 25, 1999
53

AFFIDAVIT of MARILYN GILL in opposition to pltf's application for attorney's fees (nr) (Entered: 10/26/1999)

Oct. 25, 1999
54

OPINION ( signed by Judge Alfred M. Wolin *** (nr) (Entered: 03/06/2000)

March 1, 2000
55

ORDER denying plts. application for attorney fees and costs ( signed by Judge Alfred M. Wolin ) (nr) (Entered: 03/06/2000)

March 3, 2000
56

NOTICE of APPEAL by RICHARD WATERMAN, MICHAEL CURTIS of Magistrate decision to District Court RE: [55−1] order Hearing on magistrate appeal set for 4/24/00 (nr) (Entered: 03/21/2000)

March 20, 2000
58

Substitute attorney for JACK TERHUNE, WILLIAM PLANTIER ; Terminated attorney RONALD L. BOLLHEIMER for WILLIAM PLANTIER, attorney RONALD L. BOLLHEIMER for JACK TERHUNE, attorney RONALD L. BOLLHEIMER for PETER VERNIERO ; Added, DAVID M. RAGONESE (nr) (Entered: 08/31/2000)

Aug. 30, 2000
59

Copy of Certified Copy Of Order from the USCA (amending cost) Cost taxed against the appellees/dfts and in favor the appellants/pltfs in the amount of $598.40. (DS) (Entered: 09/28/2000)

Sept. 27, 2000
60

ORDER on mandate reversing and remanding action to USDC and entering judgment for $598.40 in favor of defts. Peter Verniero, Jack Terhune and William Plantier and against pltfs. Richard Waterman and Michael Curtis ( signed by Judge Alfred M. Wolin ) (nr) Modified on 10/06/2000 (Entered: 10/06/2000)

Oct. 5, 2000

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 24, 1998

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two prisoners at a New Jersey facility for sex offenders

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State of New Jersey, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 598.40

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Preliminary relief granted

Issues

Type of Facility:

Government-run