Case: Natale v. Camden County Correctional Facility

1:99-cv-02579 | U.S. District Court for the District of New Jersey

Filed Date: March 9, 1999

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 9, 1999, plaintiff, a detainee who was an insulin-dependent diabetic, filed a lawsuit in New Jersey state court under 42 U.S.C. § 1983 and § 1981 against Camden County Correctional Facility(CCCF). Specifically, the plaintiff claimed that the defendants committed malpractice, that decision makers for Prison Health Services established a policy or well-settled custom of ignoring the medical needs of prisoners, and that the defendants violated plaintiff's right to be free from cruel and …

On March 9, 1999, plaintiff, a detainee who was an insulin-dependent diabetic, filed a lawsuit in New Jersey state court under 42 U.S.C. § 1983 and § 1981 against Camden County Correctional Facility(CCCF). Specifically, the plaintiff claimed that the defendants committed malpractice, that decision makers for Prison Health Services established a policy or well-settled custom of ignoring the medical needs of prisoners, and that the defendants violated plaintiff's right to be free from cruel and unusual punishment under the Eighth Amendment to the United States Constitution by denying him adequate medical care by failing to administer insulin during his first twenty-one hours of incarceration.

The case was removed to federal court. On July 26, 2000, the U.S. District Court of the District of New Jersey (Judge Joel A. Pisano) entered summary judgment for CCCF on detainee's § 1983 claim, and dismissed the § 1981 claim. On July 24, 2001, the District Court issued an order dismissing detainee's medical malpractice claim, and on July 30, 2001, the court granted Prison Health Service's motion for summary judgment on § 1983 claim. The detainee appealed. On March 21, 2003, the Court of Appeals reversed and remanded, finding that fact questions precluded summary judgment on the detainee's claim that his right to adequate medical care was violated, and as to whether the actions of private prison health service employees could be attributed to their employer. On August 17, 2004, the case was reopened. On November 4, 2005, the U.S. District Court (Judge Jerome B. Simandle) issued an order dismissing the case because the parties reached a settlement.

Summary Authors

Julie Singer (10/23/2014)

People


Judge(s)

Ambro, Thomas L. (Delaware)

Simandle, Jerome B. (New Jersey)

Attorneys(s) for Plaintiff

Steinberg, Saul J. (New Jersey)

Attorneys(s) for Defendant

Garty, Marylou (New Jersey)

Lynch, Kevin W. (New Jersey)

Weeks, David (New Jersey)

Zaslow, David R. (Pennsylvania)

Judge(s)

Ambro, Thomas L. (Delaware)

Simandle, Jerome B. (New Jersey)

Attorneys(s) for Plaintiff

Steinberg, Saul J. (New Jersey)

Attorneys(s) for Defendant

Garty, Marylou (New Jersey)

Lynch, Kevin W. (New Jersey)

Weeks, David (New Jersey)

Zaslow, David R. (Pennsylvania)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 4, 2005 Docket

Opinion [Reversing and Remanding to District Court]

U. S. Court of Appeals for the Third Circuit

318 F.3d 575

Feb. 7, 2003 Order/Opinion
64

Order of Dismissal

Nov. 5, 2005 Order/Opinion

Docket

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

ECF Number Description Date Link
1

NOTICE OF REMOVAL by CAMDEN COUNTY CORRECTIONAL FACILITY, COUNTY OF CAMDEN, CAMDEN SHERIFF'S DEPARTMENT. Filed with the following state court proceedings, A]Complaint, etc. FILING FEE $ 150.00 RECEIPT # 247228 (et) (Entered: 06/08/1999)

June 4, 1999
1

COMPLAINT filed in Superior Court Camden County on or about April 30, 1999, docket #L−1662−99; jury demand (et) (Entered: 06/08/1999)

June 4, 1999
2

NOTICE of Allocation and Assignment filed. Magistrate Judge JOEL B. ROSEN (et) (Entered: 06/08/1999)

June 8, 1999
3

ORDER, set scheduling conference for 9:30 7/28/99 ( signed by Mag. Judge Joel B. Rosen ) (et) (Entered: 06/08/1999)

June 8, 1999
4

ANSWER to complaint and CROSSCLAIM by COUNTY OF CAMDEN, CAMDEN COUNTY CORR., CAMDEN SHERIFF'S DEP against PRISON HEALTH with JURY DEMAND. (lc) (Entered: 07/21/1999)

July 21, 1999

Scheduling conference held before Mag. Judge Joel B. Rosen on 7.28.99. (lc) (Entered: 08/02/1999)

July 28, 1999
5

SCHEDULING ORDER setting Discovery cutoff 11/30/99 ; Status conference 9:00 11/9/99 ; ( signed by Mag. Judge Joel B. Rosen ) (lc) (Entered: 07/30/1999)

July 29, 1999
6

SCHEDULING ORDER setting Discovery cutoff 12/31/99 ; Settlement conference 10:30 2/14/00 ; ( signed by Mag. Judge Joel B. Rosen ) (femp) (Entered: 11/10/1999)

Nov. 9, 1999

Status conference held before Mag. Judge Joel B. Rosen on 11/9/99. (lc) (Entered: 11/15/1999)

Nov. 9, 1999
7

Notice of MOTION for an order dismissing plaintiff's complaint for failure to provide discovery pursuant to the Court's Order. by defendants, COUNTY OF CAMDEN, CAMDEN SHERIFF'S DEP, CAMDEN COUNTY CORR. [7−1] motion referred to Mag. Judge Joel B. Rosen, Motion set for 12/17/99 on [7−1] motion (lc) (Entered: 11/18/1999)

Nov. 18, 1999
8

CERTIFICATE OF SERVICE/PROOF OF MAILING re: [7−1] Notice of motion (lc) (Entered: 11/18/1999)

Nov. 18, 1999
9

CERTIFICATION of M. Lou Garty Re: [7−1] motion for an order dismissing plaintiff's complaint for failure to provide discovery pursuant to the Court's Order. (lc) (Entered: 11/18/1999)

Nov. 18, 1999
10

RESPONSIVE CERTIFICATION of Saul J. Steinberg. (lc) (Entered: 11/30/1999)

Nov. 29, 1999
11

ORDER dismissing as moot [7−1] motion for an order dismissing plaintiff's complaint for failure to provide discovery pursuant to the Court's Order. ( signed by Mag. Judge Joel B. Rosen ) n.m. (lc) (Entered: 12/03/1999)

Dec. 3, 1999
12

Minute entry: Proceedings recorded by Ct−Reporter: None; Minutes of: 12.3.99; The following actions were taken, dismissing as moot [7−1] motion for an order dismissing plaintiff's complaint for failure to provide discovery pursuant to the Court's Order. Order to be entered. Terminating [7−2] hearing Motion set for 12/17/99 on [7−1] motion. By Mag. Judge Joel B. Rosen (lc) (Entered: 12/03/1999)

Dec. 3, 1999
13

ORDER directing plaintiff to provide the parties with the Rule 26 initial disclosures and responses to the discovery request of defendant, Prison Health Services, Inc., on or before Wednesday 12.1.99. ( signed by Mag. Judge Joel B. Rosen ) n.m. (lc) (Entered: 12/10/1999)

Dec. 8, 1999
14

SCHEDULING ORDER setting Status conference 11:30 4/18/00 ; ( signed by Mag. Judge Joel B. Rosen ) (er) (Entered: 02/16/2000)

Feb. 15, 2000
16

ORDER of reassignment from J. Simandle to J. Pisano. ( signed by Chief Judge Anne E. Thompson ) n.m. (lc) (Entered: 03/01/2000)

Feb. 23, 2000

ANSWER by defendant, Prison Health Services Inc. filed in Superior Court, Camden County Law Division. (See file) (lc) (Entered: 03/02/2000)

Feb. 29, 2000
18

DISCOVERY ORDER ( signed by Mag. Judge Joel B. Rosen ) (femp) (Entered: 04/19/2000)

April 18, 2000
17

SCHEDULING ORDER setting Pretrial conference 2:00 9/25/00 ; Trial with jury 11/6/00 ; Pretrial order to be submitted on or before 9/25/00 ; Dispositive Motion due on or before 8/1/00 ( signed by Mag. Judge Joel B. Rosen ) (femp) (Entered: 04/19/2000)

April 19, 2000
19

Notice of MOTION for summary judgment by CAMDEN COUNTY CORR., COUNTY OF CAMDEN, CAMDEN SHERIFF'S DEP, Motion set for 5/19/00 on [19−1] motion . (Brief/PO Subm) (femp) (Entered: 04/25/2000)

April 20, 2000
20

Notice of MOTION to extend time for discovery dealines by DANIEL NATALE, KATHLEEN NATALE [20−1] motion referred to Mag. Judge Joel B. Rosen, Motion set for 6/2/00 on [20−1] motion . (PO Subm) (ar1) (Entered: 05/11/2000)

May 11, 2000
21

CERTIFICATION of Saul J. Steinberg, Esquire on behalf of DANIEL NATALE, KATHLEEN NATALE Re: [20−1] motion to extend time for discovery dealines. (ar1) (Entered: 05/11/2000)

May 11, 2000
22

FINAL SCHEDULING ORDER setting Pretrial conference 9:00 10/6/00 ; Trial with jury 11/13/00 ; Pretrial order to be submitted on or before 10/6/00 ; Settlement conference 2:00 9/25/00 ; Dispositive Motion due on or before 9/8/00 ( signed by Mag. Judge Joel B. Rosen ) nm (femp) (Entered: 06/01/2000)

May 31, 2000
24

ORDER granting [20−1] motion to extend time for discovery deadlines, ( signed by Mag. Judge Joel B. Rosen ) nm (femp) (Entered: 06/05/2000)

June 2, 2000
23

Minute entry: Minutes of: 6/2/00; The following actions were taken, granting [20−1] motion to extend time for discovery dealines By Mag. Judge Joel B. Rosen (femp) (Entered: 06/05/2000)

June 5, 2000
25

Minute entry: Proceedings recorded by Ct−Reporter: Carl Nami; Minutes of: 7/26/00; The following actions were taken, granting [19−1] motion for summary judgment By Judge Joel A. Pisano (femp) (Entered: 07/27/2000)

July 26, 2000
26

ORDER granting [19−1] motion for summary judgment; dismissing pltfs' 42 USC 1981 claiim, with prejudice;; that pltfs. shall amend the complaint within 30 days; that pltfs. shall show cause within 30 days why claims against Prison Health and Joe Doe MD 1−5 defts. shold not be dismissed ( signed by Judge Joel A. Pisano ) nm (femp) (Entered: 07/27/2000)

July 26, 2000
27

RESPONSE by plaintiffs DANIEL NATALE, KATHLEEN NATALE in opposition to [26−1] order (db) (Entered: 08/30/2000)

Aug. 29, 2000
28

Notice of Intent to submit a Dispositive motion for summary judgment by PRISON HEALTH (femp) (Entered: 09/11/2000)

Sept. 8, 2000
29

ORDER granting plaintiffs an additional 30 days to conduct discovery ( signed by Judge Joel A. Pisano ) nm (femp) (Entered: 09/14/2000)

Sept. 14, 2000

Settlement conference held before Mag. Judge Joel B. Rosen on 10/6/00. (femp) (Entered: 10/25/2000)

Oct. 25, 2000
30

Notice of MOTION to amend [1−1] complaint by DANIEL NATALE, KATHLEEN NATALE [30−1] motion referred to Mag. Judge Joel B. Rosen, Motion set for 12/1/00 on [30−1] motion . (Brief/PO Subm) (femp) (Entered: 10/30/2000)

Oct. 26, 2000
32

ORDER denying [30−1] motion to amend [1−1] complaint ( signed by Mag. Judge Joel B. Rosen ) nm (femp) (Entered: 12/22/2000)

Dec. 21, 2000
33

Minute entry: Proceedings recorded by ; Minutes of: 12/21/00; The following actions were taken, denying [30−1] motion to amend [1−1] complaint. Order entered. By Mag. Judge Joel B. Rosen (femp) (Entered: 01/11/2001)

Jan. 11, 2001
34

CERTIFICATE OF SERVICE Re: Supplemental memorandum of Law in support of deft. PHS' motion for summary judgment. (sb) (Entered: 07/10/2001)

July 9, 2001
35

OPINION (signed by Judge Joel A. Pisano) (NM) (sb) (Entered: 07/24/2001)

July 24, 2001
36

ORDER dismissing with prejudice count two of the complaint for failure to file an affidavit of merit. (signed by Judge Joel A. Pisano)(NM) (sb) (Entered: 07/24/2001)

July 24, 2001
37

OPINION (signed by Judge Joel A. Pisano) (NM) (sb) (Entered: 07/30/2001)

July 27, 2001
38

ORDER granting [31−1] motion for summary judgment and count four of the complaint is dismissed with prejudice. (signed by Judge Joel A. Pisano) (NM) (sb) (Entered: 07/30/2001)

July 30, 2001

Case closed (sb) (Entered: 07/30/2001)

July 30, 2001
39

Notice of MOTION for reconsideration of [36−1] order by DANIEL NATALE, KATHLEEN NATALE, Motion set for 9/7/01 on [39−1] motion . (Letter Brief Subm) (sb) (Entered: 08/07/2001)

Aug. 7, 2001
40

CERTIFICATION of Saul J. Steinberg supporting [39−1] motion for reconsideration of [36−1] order. (sb) (Entered: 08/07/2001)

Aug. 7, 2001
41

Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 8/13/01; The following actions were taken: denying [39−1] motion for reconsideration of [36−1] order By Judge Joel A. Pisano (sb) (Entered: 08/13/2001)

Aug. 13, 2001
42

MEMORANDUM OPINION AND ORDER denying [39−1] motion for reconsideration of [36−1] order. (signed by Judge Joel A. Pisano) (NM) (sb) (Entered: 08/13/2001)

Aug. 13, 2001
43

NOTICE OF APPEAL filed at 10:28 a.m. by DANIEL NATALE, KATHLEEN NATALE Re: [36−1] order, [38−1] order . Fee Status: PAID. Copies of notice of appeal sent to USCA and Attorney(s): M. LOU GARTY, KEVIN W. LYNCH, SAUL J. STEINBERG (lc) (Entered: 09/04/2001)

Sept. 4, 2001
44

NOTICE of Docketing ROA from USCA Re: [43−1] appeal USCA NUMBER: 01−3449 (lc) (Entered: 09/18/2001)

Sept. 13, 2001
45

Transcript Purchase Order RE: [43−1] appeal (None Requested) (lc) (Entered: 09/25/2001)

Sept. 24, 2001

Record complete for purposes of appeal. (lc) (Entered: 09/25/2001)

Sept. 24, 2001
46

USCA OPINION (lc) (Entered: 02/20/2003)

Feb. 10, 2003
47

OPINION from USCA. (lc) (Entered: 03/25/2003)

March 21, 2003
48

JUDGMENT OF USCA (certified copy) Re: [43−1] appeal. REVERSING AND REMANDING the judgments of the District Court dated 7.24.01 and 7.30.01. Costs taxed in favor of appellant a follows: Brief ....$34.80, Appendix ....$142.00, Binding .... $68.00, Cover ....$40.00, TOTAL ...$248.00. (lc) (Entered: 03/25/2003)

March 21, 2003
49

ORDER, setting status conference for 4/2/03 ( signed by Judge Joel A. Pisano ) (NM) (ak) (Entered: 03/31/2003)

March 28, 2003
50

Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 4/7/03; The following actions were taken, STATUS CONFERENCE off the record−plt's counsel appeared iva telephone−depositions to be completed within 60−90 days; Counsel to contact Court as to settlement/trial status− TELEPHONE CONFERENCE CALL scheduled for 4/15/03 By Judge Joel A. Pisano (ak) (Entered: 04/08/2003)

April 7, 2003
51

Minute entry: Proceedings recorded by Ct−Reporter: none; Minutes of: 4/15/03; The following actions were taken, Telephone conference call off the record− Counsel to contact the Court for further status report by 5/15/03 By Judge Joel A. Pisano (ak) (Entered: 04/17/2003)

April 15, 2003
52

NOTICE OF CHANGE OF ADDRESSE AND TELEPHONE NUMBER of the law firm of WHITE AND WILLIAMS, LLP (ak, ) (Entered: 03/19/2004)

March 15, 2004
53

ORDER REASSIGNING CASE. Case reassigned to Judge Jerome B. Simandle for all further proceedings. Judge Joel A. Pisano no longer assigned to case. Signed by Judge John W. Bissell on 5/21/04. (ar1, ) (Entered: 05/27/2004)

May 21, 2004
54

NOTICE of Appearance by DAVID WEEKS on behalf of PRISON HEALTH SERVICES, INC. (WEEKS, DAVID) (Entered: 07/14/2004)

July 14, 2004
55

JOINT FINAL PRETRIAL ORDER. Signed by Judge Jerome B. Simandle on 8/12/04. (ar1, ) (Entered: 08/16/2004)

Aug. 12, 2004
56

ORDER REOPENING CASE for further proceedings consistent with the Order in Lieu of Mandate of the U.S. Court of Appeals dated March 19, 2003.Signed by Judge Jerome B. Simandle on 8/17/04. (ar1, ) (Entered: 08/19/2004)

Aug. 17, 2004
57

TRIAL BRIEF by PRISON HEALTH SERVICES, INC.. (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004
58

CERTIFICATE OF SERVICE by PRISON HEALTH SERVICES, INC. re 57 Trial Brief (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004
59

Proposed Voir Dire by PRISON HEALTH SERVICES, INC.. (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004
60

Proposed Jury Instructions by PRISON HEALTH SERVICES, INC.. (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004
61

PROPOSED DOCUMENT by PRISON HEALTH SERVICES, INC.. (LYNCH, KEVIN) (Entered: 10/20/2004)

Oct. 20, 2004
62

Substitution of Attorney − Attorney DAVID R. ZASLOW for PRISON HEALTH SERVICES, INC. added. Attorney KEVIN W. LYNCH terminated. (ar1, ) (Entered: 08/10/2005)

Aug. 10, 2005
63

TRIAL NOTICE sent Trial set for 11/14/05 at 9:00 before Judge Simandle (mb, ) (Entered: 09/14/2005)

Sept. 14, 2005
64

ORDER DISMISSING CASE. Signed by Judge Jerome B. Simandle on 11/4/05. (th, ) (Entered: 11/04/2005)

Nov. 4, 2005

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 9, 1999

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Insulin-dependent diabetic detainee

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Camden County Correctional Facility, County

County of Camden, County

Camden County Sheriff's Department, County

Prison Health Services, County

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Conditions of confinement

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run