Case: Hagan v. Rogers

2:06-cv-05033 | U.S. District Court for the District of New Jersey

Filed Date: Oct. 20, 2006

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On October 20, 2006, state prisoners at New Jersey's Adult Diagnostic & Treatment Center ("ADTC") filed this §1983 suit against officials associated with ADTC in the District Court for New Jersey, alleging violations of their 8th and 14th amendment rights. Specifically, plaintiffs alleged that officials associated with the facility violated their constitutional rights by failing to contain and treat a serious and contagious skin condition. Plaintiffs sought compensatory and injunctive relief,…

On October 20, 2006, state prisoners at New Jersey's Adult Diagnostic & Treatment Center ("ADTC") filed this §1983 suit against officials associated with ADTC in the District Court for New Jersey, alleging violations of their 8th and 14th amendment rights. Specifically, plaintiffs alleged that officials associated with the facility violated their constitutional rights by failing to contain and treat a serious and contagious skin condition. Plaintiffs sought compensatory and injunctive relief, and moved to certify a class of all similarly situated persons.

On January 25, 2007, the Court (Judge Stanley R. Chesler) dismissed thirteen of the prisoners sua sponte, with leave to file amended individual complaints, after concluding he was not authorized to join their matters together. The Court also denied class certification.

On June 19, 2009, the 3rd Circuit reversed the categorical denial of joinder, vacated the denial of class certification for failure to adequately justify the denial, and remanded to the lower court for further proceedings. As of February 14, 2016, the docket listed no further proceedings.

Summary Authors

Timothy Shoffner (4/30/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5724522/parties/hagan-v-rogers/


Judge(s)

Cecchi, Claire Claudia (New Jersey)

Chesler, Stanley R. (New Jersey)

Jordan, Kent A. (Delaware)

Rendell, Marjorie O. (Pennsylvania)

Roth, Jane Richards (Delaware)

Attorneys(s) for Plaintiff

McHugh, Joel (Pennsylvania)

Winkelman, Nancy (Pennsylvania)

Other Attorney(s)

Active

Active

Judge(s)

Cecchi, Claire Claudia (New Jersey)

Chesler, Stanley R. (New Jersey)

Jordan, Kent A. (Delaware)

Rendell, Marjorie O. (Pennsylvania)

Roth, Jane Richards (Delaware)

Attorneys(s) for Plaintiff

McHugh, Joel (Pennsylvania)

Winkelman, Nancy (Pennsylvania)

Other Attorney(s)

Etzweiler, Larry R. (New Jersey)

Massey, Keith S. Jr. (New Jersey)

Documents in the Clearinghouse

Document

CIVIL DOCKET FOR CASE #: 2:06−cv−05033−SRC−CCC

June 19, 2009 Docket
1

Civil Rights Complaint

Oct. 20, 2006 Complaint
18

Opinion

Jan. 24, 2007 Order/Opinion
19

Order

Jan. 25, 2007 Order/Opinion
34

Letter from 3rd Circuit Court

U. S. Court of Appeals for the Third Circuit

March 15, 2007 Order/Opinion
35

Order [staying proceeding pending Pl's appeal]

Hagen v. Rogers

May 4, 2007 Order/Opinion

Opinion of the Court [3d Circuit]

U. S. Court of Appeals for the Third Circuit

570 F.3d 146

June 19, 2009 Order/Opinion
41

Judgment [3d Circuit order]

U. S. Court of Appeals for the Third Circuit

June 19, 2009 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5724522/hagan-v-rogers/

Last updated May 20, 2022, 1:59 a.m.

ECF Number Description Date Link
18

OPINION . Signed by Judge Stanley R. Chesler on 1/24/07. (dc, )

Jan. 25, 2007 RECAP
1

Complaint Received (no IFP or fee received) (Attachments: # 1 COVER LETTER# 2 PRAYER REQUEST LETTER# 3 VERIFICATION OF COMPLAINT# 4 ALLEGATION IN MOTION FOR CLASS ACTION DETERMINATION)(lm2, ) (Entered: 10/25/2006)

Oct. 20, 2006
3

APPLICATION/AFFIDAVIT to proceed in forma pauperis by LEWIS IRA HAGAN. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
4

APPLICATION/AFFIDAVIT to proceed in forma pauperis by WILLIAM WEISS. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
5

APPLICATION/AFFIDAVIT to proceed in forma pauperis by TYMIL MASON. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
6

APPLICATION/AFFIDAVIT to proceed in forma pauperis by CLAUDE FRANKLIN. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
7

APPLICATION/AFFIDAVIT to proceed in forma pauperis by CHRISTOPHER MARK. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
8

APPLICATION/AFFIDAVIT to proceed in forma pauperis by PETER BRAUN. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
9

APPLICATION/AFFIDAVIT to proceed in forma pauperis by ALLAN LOVENSON. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
10

APPLICATION/AFFIDAVIT to proceed in forma pauperis by EFRAIM ESQUILIN. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
11

APPLICATION/AFFIDAVIT to proceed in forma pauperis by OLIVER MASON. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
12

APPLICATION/AFFIDAVIT to proceed in forma pauperis by RONALD YOUNG. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
13

APPLICATION/AFFIDAVIT to proceed in forma pauperis by LOUIS GEORGE JOHNSTON, JR. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
14

APPLICATION/AFFIDAVIT to proceed in forma pauperis by TOBORIS WRIGHT. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
15

APPLICATION/AFFIDAVIT to proceed in forma pauperis by CHRISTOS PAPACRISTOS. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
16

APPLICATION/AFFIDAVIT to proceed in forma pauperis by JAMES HEMPHILL. (dc, ) (Entered: 10/27/2006)

Oct. 26, 2006
17

VERIFICATION OF COMPLAINT by CHRISTOPHER MARK. (dc, ) Modified on 10/30/2006 (dc, ). (Entered: 10/27/2006)

Oct. 26, 2006
19

ORDER denying Pltfs.' motion to proceed as a class action; that Pltfs.' application for appointment of counsel is denied, w/out prejudice, as premature; that Pltfs. JAMES HEMPHILL; EFRAIM ESQUILIN CHRISTOPHER MARK; WILLIAM WEISS; CHRISTOS PAPACRISTOS; LOUIS GEORGE JOHNSTON, JR; TYMIL MASON; CLAUDE FRANKLIN; PETER BRAUN; OLIVER MASON; TOBORIS WRIGHT; RONALD YOUNG; and ALLAN LOVENSON are dismissed from this action; that the Clerk of the Court shall open a new case for each of the dismissed Pltfs. w/the Complaint from this case and that particular Pltf.'s Application to Proceed in forma pauperis; that the Clerk shall assign each of the newly−opened cases to the same judge who is assigned to this case; that the Clerk shall enter the Opinion and Order in this case on the docket in each of the newly−opened cases; that, within 30 days after entry of this Order, the remaining Pltf. in this case, Lewis Hagan, and each of the dismissed Pltfs. may indicate his intent to proceed with his claims by filing an Amended Complaint asserting his individual claims under his newly−assigned docket number, etc.. Signed by Judge

Jan. 25, 2007

Set hearing as to 20 MOTION to Stay. Motion Hearing set for 3/12/2007 before Judge Stanley R. Chesler. PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE ORDERED BY THE COURT. (dc, ) (Entered: 02/08/2007)

Feb. 6, 2007
21

NOTICE OF APPEAL as to 19 Order Denying Pro Bono Counsel by TYMIL MASON, CLAUDE FRANKLIN, PETER BRAUN, OLIVER MASON, TOBORIS WRIGHT, RONALD YOUNG, ALLAN LOVENSON, LEWIS IRA HAGAN, JAMES HEMPHILL, EFRAIM ESQUILIN, CHRISTOPHER MARK, WILLIAM WEISS, CHRISTOS PAPACRISTOS, LOUIS GEORGE JOHNSTON, JR. USCA and counsel of record notified of appeal. No filing fee received. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Attachments: # 1 Memo and Affidavits in Support of Appeal Part I# 2 Part II# 3 Cover Letters# 4 Copy of Envelope)(ji, ) (Entered: 02/08/2007)

Feb. 6, 2007
22

USCA Case Number 07−1412 for 21 Notice of Appeal (USCA), Notice of Appeal (USCA), Notice of Appeal (USCA) filed by WILLIAM WEISS,, JAMES HEMPHILL,, LEWIS IRA HAGAN,, PETER BRAUN,, EFRAIM ESQUILIN,, CHRISTOPHER MARK,, CHRISTOS PAPACRISTOS,, LOUIS GEORGE JOHNSTON, JR., TYMIL MASON,, CLAUDE FRANKLIN,, OLIVER MASON,, TOBORIS WRIGHT,, RONALD YOUNG,, ALLAN LOVENSON,. USCA Case Manager Carmen M. Hernandez (Document Restricted − Court Only) (Hernandez, Carmen) (Entered: 02/13/2007)

Feb. 13, 2007
23

ORDER of USCA granting IFP for Appellant James Hemphill (ca3tmk, ) (Entered: 03/01/2007)

March 1, 2007
24

ORDER of USCA granting IFP for Appellant Eraim Esquilin. (ca3tmk, ) (Entered: 03/01/2007)

March 1, 2007
25

ORDER of USCA granting IFP for Appellant Christopher Mark. (ca3tmk, ) (Entered: 03/09/2007)

March 9, 2007
26

ORDER of USCA granting IFP for Appellant Louis G. Johnston, Jr. (ca3tmk, ) (Entered: 03/09/2007)

March 9, 2007
27

ORDER of USCA granting IFP for Appellant Toboris Wright. (ca3tmk, ) (Entered: 03/09/2007)

March 9, 2007
28

ORDER of USCA granting IFP for Appellant Christos Papacristos. (ca3tmk, ) (Entered: 03/09/2007)

March 9, 2007
29

ORDER of USCA granting IFP to Appellant Tymil Mason. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007
30

ORDER of USCA granting IFP for Appellant Claude Franklin. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007
31

ORDER of USCA granting IFP for Appellant Peter Braun. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007
32

ORDER of USCA granting IFP for Appellant Ronald Young. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007
33

ORDER of USCA granting IFP for Appellant Allan Lovenson. (ca3tmk, ) (Entered: 03/12/2007)

March 12, 2007
34

ORDER of USCA vacating Clerk's order of March 9, 2007 and March 12, 2007 granting in forma pauperis and referring the motions to a motions panel. (Hernandez, Carmen) (Entered: 03/15/2007)

March 15, 2007
35

ORDER Ordered that Pltfs.' Complaint is stayed and shall be held in abeyance while Pltfs.' appeal is pending w/the USCA in order to protect those claims by Pltfs. that might be time−sensitive; that, in the event the USCA concludes that Pltfs. should be certified as a class, the stay is conditioned upon Pltfs. notifying this Court in writing within 30 days after the USCA' review is completed about Pltfs.' intent to proceed w/their original Complaint; that, in the event the USCA concludes that Pltfs. should not be certified as a class, the stay is conditioned upon each Pltf.'s submission to this Court of that Pltf.'s individual Amended Complaint within 30 days after the USCA' review is completed, and that the Clerk shall serve copies of this Order and the accompanying Opinion by regular mail upon all Pltfs.' and administratively terminate each of the above−captioned matters. Signed by Judge Stanley R. Chesler on 5/3/07. (dc, ) (Entered: 05/04/2007)

May 4, 2007

***Civil Case Terminated. (mn, ) (Entered: 05/09/2007)

May 9, 2007
36

Mail Returned as Undeliverable. Mail sent to Lewis Ira Hagan (dc, ) (Entered: 06/18/2007)

June 18, 2007
37

Letter from James Hemphill with notice of voluntary withdrawal from the action pending in the USCA. (Attachments: # 1 Envelope)(dc, ) (Entered: 06/27/2007)

June 25, 2007
38

ORDER granting pltf. James Hemphill's request to withdraw from this action now pending in the USCA, re 37 Letter. Signed by Judge Stanley R. Chesler on 6/29/07. (dc, ) (Entered: 06/29/2007)

June 29, 2007
39

Mail Returned as Undeliverable. Mail sent to Lewis Ira Hagan (dc, ) (Entered: 10/26/2007)

Oct. 26, 2007
40

TRANSCRIPT REQUEST by TYMIL MASON, CLAUDE FRANKLIN, PETER BRAUN, OLIVER MASON, TOBORIS WRIGHT, RONALD YOUNG, ALLAN LOVENSON, LEWIS IRA HAGAN, EFRAIM ESQUILIN, CHRISTOPHER MARK, WILLIAM WEISS, CHRISTOS PAPACRISTOS, LOUIS GEORGE JOHNSTON, JR, "None" selected in Section 1A. (ji, ) (Entered: 04/03/2008)

April 3, 2008
41

USCA JUDGMENT Reversed as to denial of joinder and vacated as to denial of class certification, and the matter remanded for further proceedings as to 21 Notice of Appeal (USCA), Notice of Appeal (USCA), Notice of Appeal (USCA) filed by CHRISTOS PAPACRISTOS, CLAUDE FRANKLIN, ALLAN LOVENSON, LOUIS GEORGE JOHNSTON, JR., LEWIS IRA HAGAN, TOBORIS WRIGHT, PETER BRAUN, WILLIAM WEISS, JAMES HEMPHILL, EFRAIM ESQUILIN, CHRISTOPHER MARK, TYMIL MASON, RONALD YOUNG, OLIVER MASON (ca3pdb, ) (Entered: 06/19/2009)

June 19, 2009

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 20, 2006

Closing Date: 2009

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

14 inmates at the Adult Diagnostic and Treatment Center, a New Jersey correctional 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):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

None

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Skin Infections

Type of Facility:

Government-run