Case: Colon v. Passaic County

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

Filed Date: Sept. 3, 2008

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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…

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.

	Document
2:08-cv-04439	Docket [PACER]	Jan. 7, 2014	Jan. 7, 2014 Docket
1 2:08-cv-04439	Class Action Complaint	Sept. 3, 2008	Sept. 3, 2008 Complaint
44 2:08-cv-04439	Opinion	May 27, 2009	May 27, 2009 Order/Opinion 2009 WL 1560156
45 2:08-cv-04439	Order	May 28, 2009	May 28, 2009 Order/Opinion
94 2:08-cv-04439	Proposed Order Directing Notice of Settlement and Exhibits	Jan. 6, 2012	Jan. 6, 2012 Pleading / Motion / Brief
95 2:08-cv-04439	Order Directing Notice of Settlement	Jan. 13, 2012	Jan. 13, 2012 Order/Opinion
97 2:08-cv-04439	Consent Order	Jan. 25, 2012	Jan. 25, 2012 Order/Opinion
100 2:08-cv-04439	Consent Order	Feb. 17, 2012	Feb. 17, 2012 Order/Opinion
101 2:08-cv-04439	Order Directing Notice of Settlement	Feb. 27, 2012	Feb. 27, 2012 Order/Opinion
106 2:08-cv-04439	Opinion	April 24, 2012	April 24, 2012 Order/Opinion 2012 WL 1457764

ECF Number	Description	Date	Link 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	Sept. 3, 2008 Clearinghouse
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	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	Sept. 4, 2008
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	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	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	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	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	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	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	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	Oct. 2, 2008
11	Letter from Defendants, except G. Hayman. (COCOZIELLO, J.) (Entered: 10/02/2008)	Oct. 2, 2008	Oct. 2, 2008
12	Letter from defendant Passaic County, et als.. (COCOZIELLO, J.) (Entered: 10/09/2008)	Oct. 9, 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	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	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	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	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	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	Oct. 23, 2008
18	Letter from Christopher J. Michie. (MICHIE, CHRISTOPHER) (Entered: 10/27/2008)	Oct. 27, 2008	Oct. 27, 2008
19	Letter from Defendants. (CONFORTI, DAMIAN) (Entered: 10/28/2008)	Oct. 28, 2008	Oct. 28, 2008
20	Letter from Defendants except Hayman. (COCOZIELLO, J.) (Entered: 10/29/2008)	Oct. 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	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	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	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	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	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	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	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	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	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	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	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	Nov. 26, 2008
31	Letter from J. Barry Cocoziello, Esq., Attorney for Defendants (except (Hayman). (COCOZIELLO, J.) (Entered: 12/02/2008)	Dec. 2, 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	Dec. 3, 2008
33	Letter from Plaintiffs re 31 Letter. (MICHIE, CHRISTOPHER) (Entered: 12/05/2008)	Dec. 5, 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	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	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	Dec. 9, 2008

Case: Colon v. Passaic County

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

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