Case: Colon v. Passaic County

2:08-cv-04439 | U.S. District Court for the District of New Jersey

Filed Date: Sept. 3, 2008

Clearinghouse coding complete

Case Summary

On September 3, 2008, inmates at the Passaic County Jail (PCJ) filed a class-action lawsuit in the U.S. District Court for the District of New Jersey against Passaic County, Passaic County Jail and its various officers, and the Commissioner of the New Jersey Department of Corrections (DOC), under 42 U.S.C. § 1983. The plaintiffs, represented by attorneys from ACLU - New Jersey, Seton Hall University School of Law's Center for Social Justice, and private counsel, sought declaratory and injunctiv…

On September 3, 2008, inmates at the Passaic County Jail (PCJ) filed a class-action lawsuit in the U.S. District Court for the District of New Jersey against Passaic County, Passaic County Jail and its various officers, and the Commissioner of the New Jersey Department of Corrections (DOC), under 42 U.S.C. § 1983. The plaintiffs, represented by attorneys from ACLU - New Jersey, Seton Hall University School of Law's Center for Social Justice, and private counsel, sought declaratory and injunctive relief, alleging that Passaic County violated their constitutional rights due to the deplorable conditions of confinement at the PCJ.

Specifically, the complaint alleged constitutional violations as a result, among others, of overcrowding (the PCJ was designed to hold 896 inmates, but it routinely held more than 1,700 inmates), leading to a lack of privacy, loss of sleep and the threat of inmate violence; unsanitary living conditions; unsafe and inadequate food; inadequate fire detection and alarm systems; use of excessive force by Correction Officers, including the use of dogs for intimidation; restrictions on religious freedom; and (10) retaliation for airing grievances. They also alleged that the DOC was complicit in the violations, as they failed to enforce state regulations on the conditions of confinement against PCJ.

On May 27, 2009, the Court (Judge Dennis Cavanaugh) granted class certification to the plaintiffs and denied the DOC's motion to dismiss the claims. The certified class consists of all persons who were then or would afterwards become incarcerated at the PCJ.

Afterwards, the parties exchanged informal discovery and engaged in extensive settlement negotiations. On January 13, 2012, the Court (Judge Dennis Cavanaugh) entered an order directing notice of settlement between the plaintiffs and the defendants, not including the Commissioner of the DOC. The settlement agreement was to be provided to each inmate at the PCJ, or made otherwise available, to allow the Court scheduled a Fairness Hearing to evaluate the merits of the settlement agreement based. On February 23, 2012, the Court (Judge Dennis Cavanaugh) entered an order directing notice of settlement between the plaintiffs and the Commissioner of the DOC. The Court similarly ordered that each inmate have the copy or access to the copy of the settlement agreement and other relevant information, and schedule a fairness hearing.

On April 24, 2012, the Court (Judge Dennis Cavanaugh) approved the settlement agreement between the plaintiffs and the defendants Passaic County, PCJ and others, not including the Commissioner of the DOC. The Court retained jurisdiction over the case. Under the agreement, the defendants do not admit any liability and the plaintiffs reserved the right to litigate the issue of overcrowding further, if the agreement is not complied with. It has no preclusive effect except as between the parties. The defendants are to comply with various requirements to remedy the violations, including among others, annual use of force training, not putting beds closer than a certain distance from the toilets, conducting population management study if the monthly population exceeds 1022 inmates, install CCTV in most areas of the PCJ. The compliance will be monitored through an independent Monitor, who is entitled to conduct two site inspections annually, and is to submit a report after each site inspection. The parties are under an obligation to try dispute settlement before any judicial enforcement of the agreement, except in the cases of emergency. The agreement is in force for five years from the date of the agreement, which is April 24, 2012, unless compliance by PCJ is achieved before that date. The inmates at PCJ are to have access to the agreement. The defendants also agreed to pay $325,000 in attorney's fees under the agreement.

On May 7, 2012, the Court (Judge Dennis Cavanaugh) approved the settlement agreement between the plaintiffs and the defendant Commissioner of the DOC, dismissing all claims against the latter with prejudice. The term of the agreement is five years from the date of judicial approval. The agreement does not signify admission of liability by the defendant. The DOC is under an obligation to remove from PCJ all state inmates who received sentences or inmates who received parole revocation, and conduct inspections of the PCJ. The defendant also agreed to pay $25,000 in expert fees. The agreement is to be made available to all the inmates at the PCJ.

The case is closed, subject to the reporting by the Monitor.

Summary Authors

Zhandos Kuderin (4/23/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5759650/parties/colon-v-passaic-county/


Judge(s)

Cavanaugh, Dennis M. (New Jersey)

Attorneys(s) for Plaintiff

Condon, Jennifer B. (New Jersey)

Crotty, Regan H (New Jersey)

Goldberg, Emily B. (New Jersey)

LoCicero, Jeanne (New Jersey)

Michie, Christopher J. (New Jersey)

Rosenberg, Ezra David (New Jersey)

Attorneys(s) for Defendant

Cocoziello, J. Barry (New Jersey)

Conforti, Damian P. (New Jersey)

Engallena, Michael J. (New Jersey)

Judge(s)

Cavanaugh, Dennis M. (New Jersey)

Attorneys(s) for Plaintiff

Condon, Jennifer B. (New Jersey)

Crotty, Regan H (New Jersey)

Goldberg, Emily B. (New Jersey)

LoCicero, Jeanne (New Jersey)

Michie, Christopher J. (New Jersey)

Rosenberg, Ezra David (New Jersey)

Attorneys(s) for Defendant

Cocoziello, J. Barry (New Jersey)

Conforti, Damian P. (New Jersey)

Engallena, Michael J. (New Jersey)

Kemble, Thomas E. (New Jersey)

Tolomeo, Marianne C. (New Jersey)

Expert/Monitor/Master

Kim, Christine H (New Jersey)

Krasner, Jennie B. (Virginia)

Perlmutter, Patricia P. (New Jersey)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 7, 2014 Docket
1

Class Action Complaint

Sept. 3, 2008 Complaint
44

Opinion

2009 WL 1560156

May 27, 2009 Order/Opinion
45

Order

May 28, 2009 Order/Opinion
94

Proposed Order Directing Notice of Settlement and Exhibits

Jan. 6, 2012 Pleading / Motion / Brief
95

Order Directing Notice of Settlement

Jan. 13, 2012 Order/Opinion
97

Consent Order

Jan. 25, 2012 Order/Opinion
100

Consent Order

Feb. 17, 2012 Order/Opinion
101

Order Directing Notice of Settlement

Feb. 27, 2012 Order/Opinion
106

Opinion

2012 WL 1457764

April 24, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5759650/colon-v-passaic-county/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against PASSAIC COUNTY, PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, SONIA ROSADO, TANESHA WAY, PAT LEPORE, TERRY DUFFY, JAMES GALLAGHER, BRUCE JAMES, ELEASE EVANS, PASSAIC COUNTY SHERIFF'S DEPARTMENT, JERRY SPEZIALE, CHARLES MEYERS, STEVEN MYERS, GEORGE W. HAYMAN ( Filing fee $ 350 receipt number 2164736.) None, filed by MATTHEW CARLEY, CECILIO TOLEDANO, ANDREW CRAWFORD, ANGEL COLON, ROY SCHMITT, JUBRA 'EEL LEBRON, WINIFRED GATES, MARK HARKINS. (Attachments: # 1 Civil Cover Sheet)(ld, ) (Entered: 09/08/2008)

Sept. 3, 2008
44

OPINION. Signed by Judge Dennis M. Cavanaugh on 05/27/2009. (nr, )

May 27, 2009 RECAP
106

OPINION. Signed by Judge Dennis M. Cavanaugh on 4/24/2012. (nr, )

April 24, 2012 RECAP
3

MOTION to Certify Class by MATTHEW CARLEY, CECILIO TOLEDANO, ANDREW CRAWFORD, ANGEL COLON, ROY SCHMITT, JUBRA 'EEL LEBRON, WINIFRED GATES, MARK HARKINS. (Attachments: # 1 Certf. of Carley, # 2 Certf. of Schmitt, # 3 Certf. of Colon, # 4 Certf. of Crawford, # 5 Certf. of Gates, # 6 Certf. of Hawkins, # 7 Certf. of Lebron, # 8 Certf. of Toledano, # 9 Certf of Michie, # 10 Exh. 1, # 11 Exh. 2, # 12 Exh. 3, # 13 Exh. 4, # 14 Exh. 5, # 15 Exh. 6, # 16 Exh. 7, # 17 Exh. 8, # 18 Exh. 9, # 19 Exh. 10, # 20 Exh. 11, # 21 Exh. 12, # 22 Exh. 13, # 23 Exh. 14, # 24 Exh. 15, # 25 Exh. 16, # 26 Exh. 17, # 27 Exh. 18, # 28 Exh. 19, # 29 Exh. 20, # 30 Exh. 21, # 31 Exh. 22, # 32 Exh. 23, # 33 Exh. 24, # 34 Exh. 25)(nr, ) (Entered: 09/10/2008)

Sept. 4, 2008

Set Deadlines as to 3 MOTION to Certify Class. Motion Hearing set for 10/6/2008 10:00 AM before Judge Dennis M. Cavanaugh. (nr, )(PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 09/10/2008)

Sept. 4, 2008
148

Letter

1 Text of Proposed Order Second Consent Judgment Extending Consent Decree

View on PACER

June 12, 2018 PACER
149

Order

June 20, 2018 PACER
5

MEMORANDUM OF LAW in Support re 3 MOTION to Certify Class filed by MATTHEW CARLEY, CECILIO TOLEDANO, ANDREW CRAWFORD, ANGEL COLON, ROY SCHMITT, JUBRA 'EEL LEBRON, WINIFRED GATES, MARK HARKINS. (nr, ) (Entered: 09/10/2008)

Sept. 4, 2008
2

Summons Issued as to PASSAIC COUNTY, PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, SONIA ROSADO, TANESHA WAY, PAT LEPORE, TERRY DUFFY, JAMES GALLAGHER, BRUCE JAMES, ELEASE EVANS, PASSAIC COUNTY SHERIFF'S DEPARTMENT, JERRY SPEZIALE, CHARLES MEYERS, STEVEN MYERS, GEORGE W. HAYMAN. Days Due − 20.(SUMMONS MAILED TO COUNSEL) (ld, ) (Entered: 09/09/2008)

Sept. 9, 2008
4

NOTICE of Appearance by EMILY B. GOLDBERG on behalf of all plaintiffs (GOLDBERG, EMILY) (Entered: 09/10/2008)

Sept. 10, 2008
6

NOTICE of Appearance by REGAN H. CROTTY on behalf of all plaintiffs (CROTTY, REGAN) (Entered: 09/12/2008)

Sept. 12, 2008
7

NOTICE of Appearance by JENNIE BOEHM KRASNER on behalf of all plaintiffs (KRASNER, JENNIE) (Entered: 09/12/2008)

Sept. 12, 2008
8

Application and Proposed Order for Clerk's Order to extend time to answer as to George W. Hayman. Attorney THOMAS EDWARD KEMBLE and THOMAS EDWARD KEMBLE for GEORGE W. HAYMAN added. (Attachments: # 1 Certificate of Service)(KEMBLE, THOMAS) (Entered: 10/01/2008)

Oct. 1, 2008
9

Application and Proposed Order for Clerk's Order to extend time to answer as to Passaic County.. (COCOZIELLO, J.) (Entered: 10/01/2008)

Oct. 1, 2008

CLERKS TEXT ORDER − The Application for a Clerks Order Extending Time to Answer − Document No. 8 submitted by J. COCOZIELLO on 10/01/2008 has been GRANTED. The answer due date has been set for 10/21/2008. (nr, ) (Entered: 10/02/2008)

Oct. 2, 2008
11

Letter from Defendants, except G. Hayman. (COCOZIELLO, J.) (Entered: 10/02/2008)

Oct. 2, 2008
12

Letter from defendant Passaic County, et als.. (COCOZIELLO, J.) (Entered: 10/09/2008)

Oct. 9, 2008
13

MOTION for Extension of Time to File Answer re 1 Complaint,, by GEORGE W. HAYMAN. (Attachments: # 1 Statement, # 2 Declaration, # 3 Text of Proposed Order, # 4 Certificate of Service)(KEMBLE, THOMAS) (Entered: 10/21/2008)

Oct. 21, 2008
14

ANSWER to Complaint by PASSAIC COUNTY, PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, SONIA ROSADO, TANESHA WAY, PAT LEPORE, TERRY DUFFY, JAMES GALLAGHER, BRUCE JAMES, ELEASE EVANS, PASSAIC COUNTY SHERIFF'S DEPARTMENT, JERRY SPEZIALE, CHARLES MEYERS, STEVEN MYERS.(COCOZIELLO, J.) (Entered: 10/21/2008)

Oct. 21, 2008

Set Deadlines as to 13 MOTION for Extension of Time to File Answer re 1 Complaint,,. Motion Hearing set for 11/17/2008 10:00 AM before Judge Dennis M. Cavanaugh. (nr, ) (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (Entered: 10/22/2008)

Oct. 21, 2008
15

LETTER ORDER − Scheduling Conference set for 11/26/2008 11:00 AM in Newark − Courtroom 9 before Magistrate Judge Mark Falk. Signed by Magistrate Judge Mark Falk on 10/23/08. (LM, ) (Entered: 10/23/2008)

Oct. 23, 2008
16

NOTICE of Appearance by DAMIAN P. CONFORTI on behalf of PASSAIC COUNTY, PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, SONIA ROSADO, TANESHA WAY, PAT LEPORE, TERRY DUFFY, JAMES GALLAGHER, BRUCE JAMES, ELEASE EVANS, PASSAIC COUNTY SHERIFF'S DEPARTMENT, JERRY SPEZIALE, CHARLES MEYERS, STEVEN MYERS (CONFORTI, DAMIAN) (Entered: 10/23/2008)

Oct. 23, 2008
17

ORDER extending for thirty days deft. George W. Hayman's time to answer. Signed by Magistrate Judge Mark Falk on 10/22/2008. (nr, ) (Entered: 10/24/2008)

Oct. 23, 2008
18

Letter from Christopher J. Michie. (MICHIE, CHRISTOPHER) (Entered: 10/27/2008)

Oct. 27, 2008
19

Letter from Defendants. (CONFORTI, DAMIAN) (Entered: 10/28/2008)

Oct. 28, 2008
20

Letter from Defendants except Hayman. (COCOZIELLO, J.) (Entered: 10/29/2008)

Oct. 29, 2008
21

ORDER granting deft. George W. Hayman leave to file an answer within 30 days from this order. Signed by Magistrate Judge Mark Falk on 10/28/2008. (nr, ) (Entered: 10/29/2008)

Oct. 29, 2008

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Status Conference via telephone held on 10/29/2008. (LM, ) (Entered: 10/31/2008)

Oct. 29, 2008
22

BRIEF in Opposition re 3 MOTION to Certify Class filed by PASSAIC COUNTY, PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, SONIA ROSADO, TANESHA WAY, PAT LEPORE, TERRY DUFFY, JAMES GALLAGHER, BRUCE JAMES, ELEASE EVANS, PASSAIC COUNTY SHERIFF'S DEPARTMENT, JERRY SPEZIALE, CHARLES MEYERS, STEVEN MYERS. (Attachments: # 1 Certification of J. Barry Cocoziello, # 2 Exhibit A − D to Certification)(COCOZIELLO, J.) (Entered: 11/03/2008)

Nov. 3, 2008
23

BRIEF in Opposition re 3 MOTION to Certify Class filed by GEORGE W. HAYMAN. (Attachments: # 1 Certificate of Service)(KEMBLE, THOMAS) (Entered: 11/05/2008)

Nov. 5, 2008
24

Letter from Regan H. Crotty (re Extension to File Reply Brief) re 3 MOTION to Certify Class. (CROTTY, REGAN) (Entered: 11/13/2008)

Nov. 13, 2008
25

Letter from Regan H. Crotty (re Extension to 11.18.08) re 3 MOTION to Certify Class. (CROTTY, REGAN) (Entered: 11/17/2008)

Nov. 17, 2008
26

REPLY BRIEF to Opposition to Motion re 3 MOTION to Certify Class filed by MATTHEW CARLEY, CECILIO TOLEDANO, ANDREW CRAWFORD, ANGEL COLON, ROY SCHMITT, JUBRA 'EEL LEBRON, WINIFRED GATES, MARK HARKINS. (Attachments: # 1 Certification of Christopher J. Michie, # 2 Certification of Emily B. Goldberg, # 3 Goldberg Cert. Exhibits Part 1, # 4 Goldberg Exhibits − Part 2.pdf, # 5 Goldberg Exhibits − Part 3.pdf)(MICHIE, CHRISTOPHER) (Entered: 11/18/2008)

Nov. 18, 2008
27

NOTICE of Appearance by MARIANNE C. TOLOMEO on behalf of PASSAIC COUNTY, PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, SONIA ROSADO, TANESHA WAY, PAT LEPORE, TERRY DUFFY, JAMES GALLAGHER, BRUCE JAMES, ELEASE EVANS, PASSAIC COUNTY SHERIFF'S DEPARTMENT, JERRY SPEZIALE, CHARLES MEYERS, STEVEN MYERS (TOLOMEO, MARIANNE) (Entered: 11/19/2008)

Nov. 19, 2008
28

Letter from Regan H. Crotty (re Proposed Discovery Plan). (Attachments: # 1 Proposed Discovery Plan)(CROTTY, REGAN) (Entered: 11/24/2008)

Nov. 24, 2008
29

Letter from Deputy Attorney General Thomas E. Kemble Re: Consent Request for 14 Day Extension to Respond to Complaint. (KEMBLE, THOMAS) (Entered: 11/25/2008)

Nov. 25, 2008
30

Letter from Deputy Attorney General Thomas E. Kemble Re: Granting of 14−Day Extension to Respond re 29 Letter. (KEMBLE, THOMAS) (Entered: 11/26/2008)

Nov. 26, 2008

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Scheduling Conference held on 11/26/2008. (drc, ) (Entered: 12/03/2008)

Nov. 26, 2008
31

Letter from J. Barry Cocoziello, Esq., Attorney for Defendants (except (Hayman). (COCOZIELLO, J.) (Entered: 12/02/2008)

Dec. 2, 2008
32

PRETRIAL SCHEDULING ORDER: Settlement Conference set for 1/22/2009 10:00 AM before Magistrate Judge Mark Falk. Status Conference set for 1/22/2009 10:00 AM before Magistrate Judge Mark Falk. Discovery due by 3/31/2009.. Signed by Magistrate Judge Mark Falk on 12/03/2008. (nr, ) (Entered: 12/04/2008)

Dec. 3, 2008
33

Letter from Plaintiffs re 31 Letter. (MICHIE, CHRISTOPHER) (Entered: 12/05/2008)

Dec. 5, 2008
34

NOTICE of Appearance by JEANNE LOCICERO on behalf of all plaintiffs (LOCICERO, JEANNE) (Entered: 12/08/2008)

Dec. 8, 2008
35

ORDER granting deft. George W. Hayman's request to extend time to answer. Signed by Magistrate Judge Mark Falk on 12/04/2008. (nr, ) (Entered: 12/09/2008)

Dec. 8, 2008
36

ORDER denying deft's request for permission to file a sur−reply. Signed by Judge Dennis M. Cavanaugh on 12/09/2008. (nr, ) (Entered: 12/10/2008)

Dec. 9, 2008
37

First MOTION to Dismiss in Lieu of Answer on Behalf of Defendant Commissioner George W. Hayman by GEORGE W. HAYMAN. Responses due by 1/6/2009 (Attachments: # 1 Brief, # 2 Declaration, # 3 Exhibit, # 4 Text of Proposed Order, # 5 Certificate of Service)(KEMBLE, THOMAS) (Entered: 12/18/2008)

Dec. 18, 2008

Set Deadlines as to 37 First MOTION to Dismiss in Lieu of Answer on Behalf of Defendant Commissioner George W. Hayman . Motion set for 1/20/2009 10:00 AM before Judge Dennis M. Cavanaugh. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, ) (Entered: 12/23/2008)

Dec. 18, 2008
38

BRIEF in Opposition re 37 First MOTION to Dismiss in Lieu of Answer on Behalf of Defendant Commissioner George W. Hayman (Cert. of Service included) filed by MATTHEW CARLEY, ANDREW CRAWFORD, ANGEL COLON, ROY SCHMITT, JUBRA 'EEL LEBRON, WINIFRED GATES, MARK HARKINS. (CROTTY, REGAN) (Entered: 01/06/2009)

Jan. 6, 2009
39

Letter from Christopher J. Michie to Judge Falk re Extension of Time to Serve Defendants with Written Discovery Requests. (MICHIE, CHRISTOPHER) (Entered: 01/07/2009)

Jan. 7, 2009
40

Letter from Emily B. Goldberg. (GOLDBERG, EMILY) (Entered: 01/15/2009)

Jan. 15, 2009

TEXT ORDER − Status/Settlement Conference set for 1/22/09 is hereby RESCHEDULED, at the request of plaintiff's counsel, to 1/30/2009 10:30 AM in Newark − Courtroom 9 before Magistrate Judge Mark Falk. Signed by Magistrate Judge Mark Falk on 1/16/09. (LM, ) (Entered: 01/16/2009)

Jan. 16, 2009
41

Letter from J. Barry Cocoziello, Esq., Attorney for Defendants (except Def, Hayman) re Order,, Set Hearings,. (COCOZIELLO, J.) (Entered: 01/27/2009)

Jan. 27, 2009

TEXT ORDER − Status/Settlement Conference set for 1/30/09 is hereby RESCHEDULED, at the request of defense counsel, to Wednesday, 2/4/2009 at 2:30 PM in Newark − Courtroom 9 before Magistrate Judge Mark Falk. Kindly mark your calendar accordingly. Ordered by Magistrate Judge Mark Falk on 1/28/09. (LM, ) (Entered: 01/28/2009)

Jan. 28, 2009

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Settlement Conference held on 2/4/2009. (LM, ) (Entered: 04/02/2009)

Feb. 4, 2009

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 4/3/2009. (drc, ) (Entered: 04/14/2009)

April 3, 2009
42

Letter from Regan H. Crotty (re 04.03.09 status conference/scheduling order). (Attachments: # 1 Text of Proposed Order)(CROTTY, REGAN) (Entered: 04/20/2009)

April 20, 2009
43

PRETRIAL SCHEDULING ORDER NO. 2: Discovery due by 5/31/2009. Motions due by 7/15/2009.. Signed by Magistrate Judge Mark Falk on 04/15/2009. (nr, ) (Entered: 04/27/2009)

April 24, 2009
45

ORDER denying deft's 37 Motion to Dismiss; granting 3 Motion to Certify Class; appointing Colon, Schmitt, Lebron, Gates, Harkins, Carley, Toledano and Crawford class pltfs; appointing Dechert LLP, the Center for Social Justice at the Seton Hall University School of law &the American Civil Liberties Union class counsel. Signed by Judge Dennis M. Cavanaugh on 05/27/2009. (nr, ) (Entered: 05/28/2009)

May 28, 2009

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 6/8/2009. (drc, ) (Entered: 06/10/2009)

June 8, 2009
46

Letter from J. Barry Cocoziello, Esq.. (COCOZIELLO, J.) (Entered: 06/17/2009)

June 17, 2009
47

ANSWER to Complaint by GEORGE W. HAYMAN.(KEMBLE, THOMAS) (Entered: 06/23/2009)

June 23, 2009
48

ORDER, Status/Settlement Conference reset for 8/6/2009 10:00 AM before Magistrate Judge Mark Falk.,. Signed by Magistrate Judge Mark Falk on 7/21/09. (jd, ) (Entered: 07/22/2009)

July 22, 2009

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Settlement Conference held on 8/6/2009. (drc, ) (Entered: 08/14/2009)

Aug. 6, 2009
50

Letter from Deputy Attorney General Thomas E. Kemble re 49 Letter. (KEMBLE, THOMAS) (Entered: 08/25/2009)

Aug. 25, 2009
51

Letter from Deputy Attorney General Thomas E. Kemble re 49 Letter. (Attachments: # 1 Exhibit)(KEMBLE, THOMAS) (Entered: 08/31/2009)

Aug. 31, 2009

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 9/3/2009. (drc, ) (Entered: 09/14/2009)

Sept. 3, 2009

TEXT ORDER − Status Conference via telephone set for Tuesday, 10/6/2009 at 11:15 AM before Magistrate Judge Mark Falk. It shall be plaintiff's counsel's responsibility to set up and initiate the conference call. Ordered by Magistrate Judge Mark Falk on 9/28/09. (LM, ) (Entered: 09/28/2009)

Sept. 28, 2009

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 10/6/2009. (drc, ) (Entered: 10/09/2009)

Oct. 6, 2009
52

SCHEDULING ORDER: Status/Settlement Conference set for 12/7/2009 10:00 AM before Magistrate Judge Mark Falk.. Signed by Magistrate Judge Mark Falk on 10/06/2009. (nr, ) (Entered: 10/09/2009)

Oct. 9, 2009

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Settlement Conference held on 12/7/2009. (drc, ) (Entered: 12/18/2009)

Dec. 7, 2009
53

SCHEDULING ORDER: Status/Settlement Conference set for 1/26/2010 10:00 AM before Magistrate Judge Mark Falk.. Signed by Magistrate Judge Mark Falk on 12/08/2009. (nr, ) (Entered: 12/09/2009)

Dec. 8, 2009
54

MOTION to Substitute Attorney by ANGEL COLON. (Attachments: # 1 Certificate of Service)(GOLDBERG, EMILY) (Entered: 01/21/2010)

Jan. 21, 2010
55

Letter from Christopher J. Michie to Judge Falk re 1.26.2010 status conference. (MICHIE, CHRISTOPHER) (Entered: 01/25/2010)

Jan. 25, 2010
56

ORDER: Status/Settlement Conference set for 2/24/2010 at 11:00 AM before Magistrate Judge Mark Falk.. Signed by Magistrate Judge Mark Falk on 02/16/2010. (nr, ) (Entered: 02/17/2010)

Feb. 16, 2010
57

Letter from Attorneys for Passaic County Defendants. (Attachments: # 1 Text of Proposed Order)(COCOZIELLO, J.) (Entered: 02/23/2010)

Feb. 23, 2010

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Settlement Conference held on 2/24/2010. (LM, ) (Entered: 03/04/2010)

Feb. 24, 2010
58

DISCOVERY PROTECTIVE ORDER. Signed by Magistrate Judge Mark Falk on 02/24/2010. (nr, ) (Entered: 02/25/2010)

Feb. 25, 2010
59

SCHEDULING ORDER: In person Settlement Conference set for 6/2/2010 11:00 AM before Magistrate Judge Mark Falk. Telephone Conference set for 3/26/2010 11:00 AM; April 19, 2010 at 11:00a.m.; May 12, 2010 at 11:00 AM; before Magistrate Judge Mark Falk.. Signed by Magistrate Judge Mark Falk on 02/24/2010. (nr, ) Modified on 3/2/2010 (mn, ). (Entered: 02/25/2010)

Feb. 25, 2010

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 3/26/2010. (drc, ) (Entered: 03/29/2010)

March 26, 2010

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 4/19/2010. (drc, ) (Entered: 04/26/2010)

April 19, 2010

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 5/12/2010. (drc, ) (Entered: 05/12/2010)

May 12, 2010
60

SCHEDULING ORDER: Status/Settlement Conference set for 7/22/2010 10:00 AM before Magistrate Judge Mark Falk.. Signed by Magistrate Judge Mark Falk on 05/17/2010. (nr, ) (Entered: 05/18/2010)

May 17, 2010

Remark: The parties are advised to disregard the previous remark posted on 7/8/10 adjourning the status/settlement conference, as it was made in error. The in person conference will take place before USMJ Falk on 7/22/10 at 10:00 a.m. as previously scheduled. Thank you. (nm, ) (Entered: 07/09/2010)

July 9, 2010
61

Letter from J. Barry Cocoziello, Esq., Attonreys for Passaic County Defendants. (COCOZIELLO, J.) (Entered: 07/15/2010)

July 15, 2010
62

Letter from J. Barry Cocoziello, Esq., Attorney for Passaic County Defendants. (COCOZIELLO, J.) (Entered: 07/21/2010)

July 21, 2010
63

SCHEDULING ORDER: Status/settlement Conference set for 8/17/2010 10:00 AM before Magistrate Judge Mark Falk.. Signed by Magistrate Judge Mark Falk on 07/23/2010. (nr, ) Modified on 7/29/2010 (mn, ). (Entered: 07/27/2010)

July 27, 2010

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Settlement Conference held on 8/17/2010. (drc, ) (Entered: 08/17/2010)

Aug. 17, 2010
64

Letter from J. Barry Cocoziello, Attorneys for Passaic County Defendants. (COCOZIELLO, J.) (Entered: 10/20/2010)

Oct. 20, 2010
65

SCHEDULING ORDER: Status/Settlement Conference set for 11/18/2010 10:00 AM before Magistrate Judge Mark Falk.. Signed by Magistrate Judge Mark Falk on 10/22/2010. (nr, ) (Entered: 10/26/2010)

Oct. 26, 2010
66

Letter from J. Barry Cocoziello, Esq., Attorneys for Passaic County Defendants. (COCOZIELLO, J.) (Entered: 11/17/2010)

Nov. 17, 2010

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Settlement Conference held on 11/18/2010. (drc, ) (Entered: 11/23/2010)

Nov. 18, 2010
67

SCHEDULING ORDER: Status/settlement Conference set for 12/13/2010 10:00 AM before Magistrate Judge Mark Falk.. Signed by Magistrate Judge Mark Falk on 11/18/2010. (nr, ) (Entered: 11/23/2010)

Nov. 23, 2010

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Settlement Conference held on 12/13/2010. (drc, ) (Entered: 12/14/2010)

Dec. 13, 2010
68

ORDER for production of documents. Signed by Magistrate Judge Mark Falk on 11/18/2010. (nr, ) (Entered: 12/14/2010)

Dec. 14, 2010
69

Letter from J. Barry Cocoziello, Esq.. (COCOZIELLO, J.) (Entered: 01/14/2011)

Jan. 14, 2011
70

Letter from Regan H. Crotty, Esq.. (CROTTY, REGAN) (Entered: 01/14/2011)

Jan. 14, 2011
71

Letter from J. Barry Cocoziello, Esq.. (COCOZIELLO, J.) (Entered: 01/14/2011)

Jan. 14, 2011
72

NOTICE of Appearance by JENNIFER BROOKE CONDON on behalf of All Plaintiffs (CONDON, JENNIFER) (Entered: 01/25/2011)

Jan. 25, 2011
73

SCHEDULING ORDER: Status/settlement Conference set for 2/17/2011 10:00 AM before Magistrate Judge Mark Falk.. Signed by Magistrate Judge Mark Falk on 02/02/2011. (nr, ) (Entered: 02/02/2011)

Feb. 2, 2011
74

TEXT ORDER − Pursuant to the telephone status conference held on 2/10/11, there shall be an in−person status conference on 2/16/11 at 10:00 a.m. The parties shall bring all discovery materials, responses to interrogatories, proofs of service, and all other requests/responses related to discovery that is relevant to this case. ORDERED by Magistrate Judge Michael A. Shipp on 2/10/11. (NR ) (Entered: 02/10/2011)

Feb. 10, 2011

CLERK'S QUALITY CONTROL MESSAGE − Please note the TEXT ORDER (Docket entry #74)filed by the Clerk's office on 2/10/11 was docketed in error. Please disregard. (NR) (Entered: 02/10/2011)

Feb. 10, 2011

State / Territory: New Jersey

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Key Dates

Filing Date: Sept. 3, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Present and future inmates at Passaic County Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Passaic County (Passaic), State

New Jersey Department of Correction, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Free Exercise Clause

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 350,000.00

Order Duration: 2012 - 2017

Content of Injunction:

Monitor/Master

Monitoring

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Bathing and hygiene

Conditions of confinement

Counseling

Disciplinary procedures

Excessive force

Failure to supervise

Failure to train

Fire safety

Food service / nutrition / hydration

Grievance Procedures

Inadequate citizen complaint investigations and procedures

Incident/accident reporting & investigations

Personal injury

Religious programs / policies

Sanitation / living conditions

Sex w/ staff; sexual harassment by staff

Staff (number, training, qualifications, wages)

Suicide prevention

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Mental health care, unspecified

Self-injurious behaviors

Suicide prevention

Untreated pain

Type of Facility:

Government-run