Case: Riley v. Brown

2:06-cv-00331 | U.S. District Court for the District of New Jersey

Filed Date: Jan. 27, 2006

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On January 27, 2006, a group of inmates from the Adult Diagnostic and Treatment Center (ADTC) filed a class action suit in the United States District Court for the District of New Jersey against the New Jersey Department of Corrections (DOC) alleging that the DOC, in operating ADTC, a facility for sexual offenders, had transported and held inmates of ADTC with dangerous state prisoners, without reasonable care, safety and protection from the risk of physical assault and bodily harm, in violatio…

On January 27, 2006, a group of inmates from the Adult Diagnostic and Treatment Center (ADTC) filed a class action suit in the United States District Court for the District of New Jersey against the New Jersey Department of Corrections (DOC) alleging that the DOC, in operating ADTC, a facility for sexual offenders, had transported and held inmates of ADTC with dangerous state prisoners, without reasonable care, safety and protection from the risk of physical assault and bodily harm, in violation of 42 U.S.C. § 1983. The plaintiffs sought equitable relief, including a temporary restraining order, and a preliminary and permanent injunction against the defendants, as well as declaratory relief.

The plaintiffs in the suit alleged that they were being harassed and physically assaulted by other state inmates whenever they were exposed to them, such as when they were being transported to and detained in other facilities (e.g. medical care at other prisons or attending legal proceedings).

On March 16, 2006, Senior District Court Judge Dickinson Debevoise granted the plaintiffs a preliminary injunction, ordering that in the transport of inmates certain rules be followed to protect the ADTC inmates from verbal or physical abuse. On June 21, 2006, Judge Dickinson Debevoise granted plaintiffs motion to extend the preliminary injunction.

On August 17, 2006, the defendants filed a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). However the Court never addressed this motion, as on November 17, 2006 the case was referred to mediation. On September 21, 2007 the case was dismissed without prejudice by consent order, as both parties reached a settlement agreement. The details of the settlement agreement are not included on the docket.

Summary Authors

Caitlin Howitt (10/21/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5712453/parties/riley-v-brown/


Judge(s)

Debevoise, Dickinson Richards (New Jersey)

Attorneys(s) for Plaintiff

Wohlforth, Eric Evans (New Jersey)

Attorneys(s) for Defendant

Farber, Zulima V. (New Jersey)

Scott, Susan Marie (New Jersey)

Expert/Monitor/Master

Max, Eric R. (New Jersey)

Judge(s)

Debevoise, Dickinson Richards (New Jersey)

Attorneys(s) for Plaintiff

Wohlforth, Eric Evans (New Jersey)

Attorneys(s) for Defendant

Farber, Zulima V. (New Jersey)

Scott, Susan Marie (New Jersey)

Expert/Monitor/Master

Max, Eric R. (New Jersey)

Documents in the Clearinghouse

Document

2:06-cv-00331

Docket (District Court)

Sept. 21, 2007

Sept. 21, 2007

Docket
3-1

2:06-cv-00331

Memorandum of Law in Support of Temporary Restraining Order and Preliminary Injunction

Jan. 18, 2006

Jan. 18, 2006

Pleading / Motion / Brief
5

2:06-cv-00331

Complaint

Jan. 27, 2006

Jan. 27, 2006

Complaint
6

2:06-cv-00331

Brief in Oppsition to Plaintiff's Motion for Temporary Restraining Order

Feb. 17, 2006

Feb. 17, 2006

Pleading / Motion / Brief
7

2:06-cv-00331

Reply Brief in Support of Plaintiff's Motion for Temporary Restraining Order

March 1, 2006

March 1, 2006

Pleading / Motion / Brief
12

2:06-cv-00331

Opinion (Granting Plaintiff's Motion for Preliminary Injunction)

March 16, 2006

March 16, 2006

Order/Opinion
11

2:06-cv-00331

Opinion

March 29, 2006

March 29, 2006

Order/Opinion
30

2:06-cv-00331

Opinion [Granting Plaintiff's Motion for a Second Preliminary Injunction]

June 21, 2006

June 21, 2006

Order/Opinion
37-1

2:06-cv-00331

Brief in Support of Defendants' Motion to Dismiss, Pursuant to Fed. R. Civ. P. 12(b)(6), or in the Alternative for Summary Judgment, pusruant to Fed. R. Civ. P. 56

Aug. 17, 2006

Aug. 17, 2006

Pleading / Motion / Brief
47

2:06-cv-00331

Order of Reference to Mediation

Nov. 17, 2006

Nov. 17, 2006

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5712453/riley-v-brown/

Last updated Aug. 25, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
11

OPINION fld.. Signed by Judge Dickinson R. Debevoise on 3/16/06. (sr, )

March 29, 2006

March 29, 2006

RECAP
1

Declaration in support of pltfs' motion for appt. of counsel( Filing fee $ 150 receipt number 336287.) filed by GEORGE RILEY, JAMES J. KRIVACSKA, PAUL CORNWELL, VINCENT MACRINA, WILLIAM VANSCIVER, RICHARD GIBBS, PETER BRAUN. (Attachments are declarations in support of class action complt. &motion for preliminary injunction &temporary restraining order: # 1 CERTIFICATION# 2 DECL. OF GEORGE RILEY# 3 DECL. OF JAMES KRIVACSKA# 4 DECL. OF PAUL CORNWELL# 5 DECL. OF VINCENT MARCRINA# 6 DECL. OF WILLIAM VANSCIVER# 7 DECL. OF RICHARD GIBBS# 8 DECL. OF PETER BRAUN)(lm2, ) (Entered: 01/25/2006)

Jan. 18, 2006

Jan. 18, 2006

2

Application for Pro Bono Counsel by GEORGE RILEY, JAMES J. KRIVACSKA, PAUL CORNWELL, VINCENT MACRINA, WILLIAM VANSCIVER, RICHARD GIBBS, PETER BRAUN. (sr, ) (Entered: 01/26/2006)

Jan. 18, 2006

Jan. 18, 2006

3

APPLICATION/MOTION for temporary restraining order by GEORGE RILEY, JAMES J. KRIVACSKA, PAUL CORNWELL, VINCENT MACRINA, WILLIAM VANSCIVER, RICHARD GIBBS, PETER BRAUN. (sr, ) Additional attachment(s) added on 1/26/2006 (sr, ). (Entered: 01/26/2006)

Jan. 18, 2006

Jan. 18, 2006

Filing fee: $ 250, receipt number 336287/336386. (ji, ) (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

4

Record of filing fee payments. (ji, ) (Entered: 01/30/2006)

Jan. 27, 2006

Jan. 27, 2006

5

COMPLAINT against DEVON BROWN (Filing fee $ 250.) JURY DEMAND, filed by GEORGE RILEY, JAMES J. KRIVACSKA, PAUL CORNWELL, VINCENT MACRINA, WILLIAM VANSCIVER, RICHARD GIBBS, PETER BRAUN.(mn, ) (Entered: 02/01/2006)

Jan. 27, 2006

Jan. 27, 2006

7

REPLY BRIEF in support of Pltf's Motion for Temporary Restraining Order filed by JAMES J. KRIVACSKA. (Attachments: # 1 Declaration of James Krivacska# 2 Declaration of Richard Gibbs# 3 Declaration of George Riley)(sr, ) Additional attachment(s) added on 3/2/2006 (sr, ). (Entered: 03/02/2006)

March 1, 2006

March 1, 2006

8

WAIVER OF SERVICE Returned Executed DEVON BROWN waiver sent on 2/4/2006, answer due 4/5/2006; WILLIAM F. PLANTIER waiver sent on 2/4/2006, answer due 4/5/2006. (sr, ) (Entered: 03/07/2006)

March 6, 2006

March 6, 2006

10

DECLARATION of James J. Krivacska in further support of 3 Application for TRO. (sr, ) (Entered: 03/16/2006)

March 15, 2006

March 15, 2006

9

ORDER that defts who are served shall file &serve a responsive pleading w/in the time specified by Fed.R.Civ.P.12. Signed by Judge Dickinson R. Debevoise on 3/15/06. (sr, ) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

12

ORDER granting pltfs' motion for preliminary injunction; etc. Signed by Judge Dickinson R. Debevoise on 3/16/06. (sr, ) (Entered: 03/29/2006)

March 29, 2006

March 29, 2006

13

Application and Proposed Order for Clerk's Order to extend time to answer as to Devon Brown and William Plantier. Attorney SUSAN MARIE SCOTT and SUSAN MARIE SCOTT for DEVON BROWN and WILLIAM F. PLANTIER added. (Attachments: # 1 Certificate of Service)(SCOTT, SUSAN) (Entered: 04/03/2006)

April 3, 2006

April 3, 2006

Clerk's extension granted until 4/20/06 as to defts Devon Brown &William Plantier Update answer due deadline to 4/20/06 (sr, ) (Entered: 04/06/2006)

April 6, 2006

April 6, 2006

14

ORDER DISMISSING CASE w/out prejudice. Signed by Judge Dickinson R. Debevoise on 4/10/06. (sr, ) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

CLERK'S NOTE: please disregard document #14 − order relates to another matter. (sr, ) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

15

First MOTION for Extension of Time to File Answer or Otherwise Move by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Statement that No Brief is Necessary# 2 Affidavit of Deputy Attorney General, Susan M. Scott# 3 Certificate of Service # 4 Text of Proposed Order)(SCOTT, SUSAN) (Entered: 04/17/2006)

April 17, 2006

April 17, 2006

Set Deadline as to 15 First MOTION for Extension of Time to File Answer or Otherwise Move . Motion Hearing set for 5/22/2006 before Judge Dickinson R. Debevoise. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (sr, ) (Entered: 04/26/2006)

April 26, 2006

April 26, 2006

16

First MOTION to Seal Confidential Documents that would compromise the safety and secure running of the Department of Corrections Institutions by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Statement that No Brief is Necessary# 2 Affidavit of Deputy Attorney General, Susan M. Scott# 3 Text of Proposed Order # 4 Certificate of Service)(SCOTT, SUSAN) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

17

MOTION Dissolve, or in the alternative Modify, the Preliminary Injunction issued on March 16, 2006 re 12 Order, 11 Opinion by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Brief # 2 Affidavit of Loretta C. Brancato# 3 Affidavit of Melissa Matthews − Part 1# 4 Affidavit of Melissa Matthews − Part 2# 5 Affidavit of Caprice L. Chavers# 6 Affidavit of Donald Mee# 7 Affidavit of John D. Hall, Jr.# 8 Text of Proposed Order # 9 Certificate of Service)(SCOTT, SUSAN) (Entered: 05/01/2006)

May 1, 2006

May 1, 2006

18

AMENDED DOCUMENT by DEVON BROWN, WILLIAM F. PLANTIER. Amendment to 17 MOTION Dissolve, or in the alternative Modify, the Preliminary Injunction issued on March 16, 2006 re 12 Order, 11 Opinion Amended Brief in support of Motion to Dissolve, or in the alternative Modify, the Preliminary Injunction herein submitted to replace brief submitted on May 1, 2006. State Defendants rely on all other supporting documents as submitted on May 1, 2006. . (SCOTT, SUSAN) (Entered: 05/02/2006)

May 2, 2006

May 2, 2006

Setting motion hearing as to 17 MOTION Dissolve, or in the alternative Modify, the Preliminary Injunction issued on March 16, 2006 re 12 Order, 11 Opinion. Motion Hearing set for 6/12/2006 before Judge Dickinson R. Debevoise. (cs, ) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

19

ORDER granting 15 Motion for Extension of Time to Answer w/in 30 days . Signed by Judge Dickinson R. Debevoise on 5/15/06. (sr, ) (Entered: 05/16/2006)

May 16, 2006

May 16, 2006

20

BRIEF in Opposition re 16 First MOTION to Seal Confidential Documents that would compromise the safety and secure running of the Department of Corrections Institutions filed by GEORGE RILEY. (Attachments: # 1 cert. of service# 2 cover letter)(sr, ) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

21

MOTION to postpone the stay of the Preliminary Injunction for 60 days by GEORGE RILEY. (Attachments: # 1 brief in support# 2 cover letter)(sr, ) (Entered: 05/24/2006)

May 23, 2006

May 23, 2006

22

BRIEF in Opposition re 17 MOTION Dissolve, or in the alternative Modify, the Preliminary Injunction issued on March 16, 2006 re 12 Order, 11 Opinion filed by GEORGE RILEY. (sr, ) (Entered: 05/24/2006)

May 23, 2006

May 23, 2006

23

MOTION for Second Preliminary Injunction upon expiration of the first Preliminary Injunction by GEORGE RILEY. (Attachments: # 1 brief in support# 2 cert. of service# 3 Declaration of Michael Davidson# 4 Declaration of Randall Venzie# 5 Declaration of Paul Behold# 6 Declaration of James J. Krivacska# 7 Declaration of John Thomas# 8 Declaration of Robert Pilkington# 9 Declaration of William Dean &Phillip Disabella# 10 Declaration of Ramoncito Ramos# 11 Declaration of Keith Gardner)(sr, ) (Entered: 05/24/2006)

May 23, 2006

May 23, 2006

Set Deadline as to 21 MOTION to postpone the stay of the Preliminary Injunction for 60 days. Motion Hearing set for 6/26/2006 10:00 AM before Judge Dickinson R. Debevoise. (sr, ) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

Set Deadline as to 23 MOTION for Preliminary Injunction. Motion Hearing set for 6/26/2006 10:00 AM before Judge Dickinson R. Debevoise. (sr, ) (Entered: 05/24/2006)

May 24, 2006

May 24, 2006

24

RESPONSE in Support re 17 MOTION Dissolve, or in the alternative Modify, the Preliminary Injunction issued on March 16, 2006 re 12 Order, 11 Opinion filed by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Affidavit of Melissa Matthews, dated June 5, 2006# 2 Affidavit of Loretta C. Brancato, dated June 5, 2006# 3 Affidavit of Deputy Attorney General Susan M. Scott# 4 Affidavit of Loretta C. Brancato, dated May 1, 2006# 5 Affidavit of Melissa Matthews, dated April 28, 2006 − Part I# 6 Affidavit of Melissa Matthews, dated April 28, 2006 − Part II# 7 Affidavit of Caprice L. Chavers# 8 Affidavit of Donald Mee# 9 Affidavit of John D. Hall, Jr.# 10 Certificate of Service)(SCOTT, SUSAN) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

25

BRIEF in Support re 16 First MOTION to Seal Confidential Documents that would compromise the safety and secure running of the Department of Corrections Institutions filed by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Affidavit of Melissa Matthews, dated June 5, 2006# 2 Affidavit of Loreeta C. Brancato, dated June 5, 2006# 3 Affidavit of Deputy Attorney General Susan M. Scott# 4 Affidavit of Loretta C. Brancato, dated May 1, 2006# 5 Affidavit of Melissa Matthews, dated April 28, 2006 − Part I# 6 Affidavit of Melissa Matthews, dated April 28, 2006 − Part II# 7 Affidavit of Caprice L. Chavers# 8 Affidavit of Donald Mee# 9 Affidavit of John D. Hall, Jr.# 10 Certificate of Service)(SCOTT, SUSAN) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

26

BRIEF in Opposition re 21 MOTION to postbone the stay of the Preliminary Injunction for 60 days filed by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Affidavit of Melissa Matthews, dated June 5, 2006# 2 Affidavit of Loretta C. Brancato, dated June 5, 2006# 3 Affidavit of Deputy Attorney General Susan M.Scott# 4 Affidavit of Loretta C. Brancato, dated May 1, 2006# 5 Affidavit of Melissa Matthews, dated April 28, 2006 − Part I# 6 Affidavit of Melissa Matthews, dated April 28, 2006 − Part II# 7 Affidavit of Caprice L. Chavers# 8 Affidavit of Donald Mee# 9 Affidavit of John D. Hall, Jr.# 10 Certificate of Service)(SCOTT, SUSAN) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

27

BRIEF in Opposition re 23 MOTION for Preliminary Injunction filed by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Affidavit of Melissa Matthews, dated June 5, 2006# 2 Affidavit of Loretta C. Brancato, dated June 5, 2006# 3 Affidavit of Melissa Matthews, dated April 28, 2006 − Part I# 4 Affidavit of Melissa Matthews, dated April 28, 2006 − Part II# 5 Affidavit of Loretta C. Brancato, dated May 1, 2006# 6 Affidavit of Caprice L. Chavers# 7 Affidavit of Donald Mee# 8 Affidavit of John D. Hall, Jr.# 9 Certificate of Service)(SCOTT, SUSAN) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

28

REPLY BRIEF in Support of 21 MOTION to postbone the stay of the Preliminary Injunction for 60 days filed by JAMES J. KRIVACSKA. (sr, ) (Entered: 06/13/2006)

June 12, 2006

June 12, 2006

29

Second MOTION for Extension of Time to File Answer re 5 Complaint Reply or Otherwise Move by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Statement that No Brief is Necesary# 2 Affidavit of Deputy Attorney General Susan M. Scott# 3 Text of Proposed Order # 4 Certificate of Service)(SCOTT, SUSAN) (Entered: 06/14/2006)

June 14, 2006

June 14, 2006

Set Deadline as to 29 Second MOTION for Extension of Time to File Answer re 5 Complaint Reply or Otherwise Move . Motion Hearing set for 7/10/2006 10:00 AM before Judge Dickinson R. Debevoise. (sr, ) (Entered: 06/15/2006)

June 15, 2006

June 15, 2006

31

ORDER granting 23 Motion for Preliminary Injunction . Signed by Judge Dickinson R. Debevoise on 6/20/06. (sr, ) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

33

ORDER granting 16 Motion to Seal . Signed by Judge Dickinson R. Debevoise on 6/20/06. (sr, ) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

34

Letter from Deputy Attorney General, Susan M. Scott re 24 Response in Support of Motion,,, 26 Brief in Opposition to Motion,,, 27 Brief in Opposition to Motion,,, 25 Brief in Support of Motion,,, 17 MOTION Dissolve, or in the alternative Modify, the Preliminary Injunction issued on March 16, 2006 re 12 Order, 11 Opinion. (Attachments: # 1 Exhibit A to the Affidavit of John D. Hall, Jr., dated April 28, 2006 (TO BE FILED UNDER SEAL)# 2 Exhibit A to the Affidavit of Loretta C. Brancato, dated May 1, 2006 (TO BE FILED UNDER SEAL)# 3 Exhibit R to the Affidavit of Melissa Matthews, dated April 28, 2006 (TO BE FILED UNDER SEAL)# 4 Exhibit S to the Affidavit of Melissa Matthews, dated April 28, 2006 (TO BE FILED UNDER SEAL))(SCOTT, SUSAN) (Entered: 06/22/2006)

June 22, 2006

June 22, 2006

Reset Deadlines as to 29 Second MOTION for Extension of Time to File Answer re 5 Complaint Reply or Otherwise Move . Motion Hearing set for 7/17/2006 10:00 AM before Judge Dickinson R. Debevoise. (ak, ) (Entered: 06/26/2006)

June 26, 2006

June 26, 2006

35

ORDER granting 29 Motion for Extension of Time to Answer . Signed by Judge Dickinson R. Debevoise on 7/19/06. (sr, ) (Entered: 07/19/2006)

July 19, 2006

July 19, 2006

37

MOTION to Dismiss Plaintiffs' Complaint, Pursuant to Fed.R.Civ.P. 12(b)(6), or in the Alternative for Summary Judgment, Pursuant to Fed.R.Civ.P. 56, by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Brief in Support of Defendants' Motion to Dismiss Plaintiffs' Complaint, or in the Alternative for Sumary Judgment# 2 Statement of Material Facts# 3 Affidavit of Loretta C. Brancato# 4 Affidavit of Melissa Matthews# 5 Affidavit of Caprice L. Chavers# 6 Affidavit of Donald Mee# 7 Affidavit of D. Craig Stevens# 8 Text of Proposed Order # 9 Certificate of Service)(SCOTT, SUSAN) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

Set Deadlines as to 37 MOTION to Dismiss Plaintiffs' Complaint, Pursuant to Fed.R.Civ.P. 12(b)(6), or in the Alternative for Summary Judgment, Pursuant to Fed.R.Civ.P. 56, , 36 MOTION to Seal Exhibit A attached to the Affidavit of Loretta C. Brancato, to be filed in support of the Defendants' Motion to Dismiss Plaintiffs' Complaint, pursuant to Fed.R.Civ.P. 12(b)(6), or in the alternative for Summary Judgment, p. Motion Hearing set for 9/11/2006 10:00 AM before Judge Dickinson R. Debevoise. (sr, ) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

38

NOTICE of Appearance by ERIC EVANS WOHLFORTH on behalf of all plaintiffs (WOHLFORTH, ERIC) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

39

Letter from Evans Wohlforth requesting adjournment.. (WOHLFORTH, ERIC) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

Reset Deadlines as to 37 MOTION to Dismiss Plaintiffs' Complaint, Pursuant to Fed.R.Civ.P. 12(b)(6), or in the Alternative for Summary Judgment, Pursuant to Fed.R.Civ.P. 56, , 36 MOTION to Seal Exhibit A attached to the Affidavit of Loretta C. Brancato, to be filed in support of the Defendants' Motion to Dismiss Plaintiffs' Complaint, pursuant to Fed.R.Civ.P. 12(b)(6), or in the alternative for Summary Judgment, p. Motion Hearing set for 10/10/2006 10:00 AM before Judge Dickinson R. Debevoise. (ak, ) (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

40

AFFIDAVIT/Certification in support of discovery confidentiality order of Deputy Attorney General Susan M. Scott by DEVON BROWN, WILLIAM F. PLANTIER. (Attachments: # 1 Text of Proposed Order for Consent Protective Order for the release of the New Jersey Department of Corrections Central Transportation Unit's Standard Operating Procedures dated July 1, 2006# 2 Certificate of Service)(SCOTT, SUSAN) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

41

Letter from E. Evans Wohlforth, Jr. confirming adjournment of motion to dismiss. re 37 MOTION to Dismiss Plaintiffs' Complaint, Pursuant to Fed.R.Civ.P. 12(b)(6), or in the Alternative for Summary Judgment, Pursuant to Fed.R.Civ.P. 56, . (WOHLFORTH, ERIC) (Entered: 09/19/2006)

Sept. 19, 2006

Sept. 19, 2006

42

CONSENT PROTECTIVE ORDER fld.. Signed by Judge Dickinson R. Debevoise on 9/21/06. (sr, ) (Entered: 09/22/2006)

Sept. 21, 2006

Sept. 21, 2006

Reset Deadlines as to 37 MOTION to Dismiss Plaintiffs' Complaint, Pursuant to Fed.R.Civ.P. 12(b)(6), or in the Alternative for Summary Judgment, Pursuant to Fed.R.Civ.P. 56, , 36 MOTION to Seal Exhibit A attached to the Affidavit of Loretta C. Brancato, to be filed in support of the Defendants' Motion to Dismiss Plaintiffs' Complaint, pursuant to Fed.R.Civ.P. 12(b)(6), or in the alternative for Summary Judgment, p. Motion Hearing set for 10/23/2006 10:00 AM before Judge Dickinson R. Debevoise. (25, 25) (Entered: 09/26/2006)

Sept. 26, 2006

Sept. 26, 2006

43

Letter from E. Evans Wohlforth Jr. confirming the defendant's motion to dismiss has been adjourned to November 27, 2006. (WOHLFORTH, ERIC) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

Reset Deadlines as to 37 MOTION to Dismiss Plaintiffs' Complaint, Pursuant to Fed.R.Civ.P. 12(b)(6), or in the Alternative for Summary Judgment, Pursuant to Fed.R.Civ.P. 56, . Motion Hearing set for 11/27/2006 10:00 AM before Judge Dickinson R. Debevoise. (ak,) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

44

Letter from E. Evans Wohlforth, Jr. confirming instructions provided by the Court at the settlement conference regarding defendants' motion to dismiss. (WOHLFORTH, ERIC) (Entered: 11/02/2006)

Nov. 2, 2006

Nov. 2, 2006

45

Minute Entry for proceedings held before Judge Dickinson R. Debevoise : Settlement Conference held on 11/2/2006. (Court Reporter None.) (ak, ) (Entered: 11/06/2006)

Nov. 2, 2006

Nov. 2, 2006

46

Letter from Deputy Attorney General Susan M. Scott. (SCOTT, SUSAN) (Entered: 11/09/2006)

Nov. 9, 2006

Nov. 9, 2006

47

ORDER REFERRING CASE to Mediation., Order Appointing Mediator, ERIC R. MAX, ESQ., &staying all proceedings for 60 days . Signed by Judge Dickinson R. Debevoise on 11/15/06. (sr, ) (Entered: 11/20/2006)

Nov. 17, 2006

Nov. 17, 2006

Judge Esther Salas and Esther Salas added. Judge Madeline C. Arleo no longer assigned to case. (jq, ) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

48

ORDER that the Order for Mediation dated 11/15/06 shall remain in full force and effect except that all proceedings in this action shall be stayed until 3/15/07. Signed by Judge Dickinson R. Debevoise on 2/1/07. (sr, ) (Entered: 02/02/2007)

Feb. 1, 2007

Feb. 1, 2007

49

ORDER that the order for mediation dated 11/15/06 shall remain in full force &effect except that all proceedings in this action shall be stayed until 4/15/07. Signed by Judge Dickinson R. Debevoise on 3/6/07. (sr, ) (Entered: 03/06/2007)

March 6, 2007

March 6, 2007

50

NOTICE of Change of Address by ERIC EVANS WOHLFORTH (WOHLFORTH, ERIC) (Entered: 03/13/2007)

March 13, 2007

March 13, 2007

51

Minute Entry for proceedings held before Judge Dickinson R. Debevoise : Settlement Conference held on 5/15/2007. (Court Reporter None.) (ak, ) (Entered: 05/16/2007)

May 15, 2007

May 15, 2007

52

ORDER that parties are to report their settlement position to Eric Max w/in 30dys. All proceedings are stayed pending futher Order of the Court. Signed by Judge Dickinson R. Debevoise on 5/21/2007. (mn, ) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

53

STIPULATION/ORDER DISMISSING CASE w/out prejudice. Signed by Judge Dickinson R. Debevoise on 9/21/07. (sr, ) (Entered: 09/25/2007)

Sept. 21, 2007

Sept. 21, 2007

30

OPINION fld.. Signed by Judge Dickinson R. Debevoise on 6/20/06. (sr, )

June 21, 2006

June 21, 2006

RECAP
32

OPINION fld.. Signed by Judge Dickinson R. Debevoise on 6/20/06. (sr, )

June 21, 2006

June 21, 2006

RECAP

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 27, 2006

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons who have been convicted of sexual offenses, and who are currently confined at the ADTC, and who are or will be required to, or need to, be transported out of the ADTC by the Central Transport Unit for medical, court or other trips.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

New Jersey Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Order Duration: 2006 - 2007

Content of Injunction:

Preliminary relief granted

Issues

General:

Assault/abuse by residents/inmates/students

Restraints : physical

Sex offender regulation

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Type of Facility:

Government-run