Civil Rights Litigation Clearinghouse

Case: Hickox v. Christie

2:15-cv-07647 | U.S. District Court for the District of New Jersey

Filed Date: Oct. 22, 2015

Closed Date: 2017

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Case Summary

On 10/22/2015, this lawsuit was filed in the U.S. District Court for the District of New Jersey against the Governor of New Jersey and New Jersey Department of Health officials. Plaintiff, a U.S. citizen represented by the ACLU and private counsel, brought claims under 42 U.S.C. §1983, alleging that, upon her return to the United States from a foreign country, Defendants had unlawfully detained and quarantined her in violation of the Fourth and Fourteenth Amendments to the U.S. Constitution. Sh…

Prior to the incidents giving rise to these allegations, Plaintiff, a nurse specializing in public health, spent approximately one month in Sierra Leone supervising the treatment of patients infected with the Ebola virus. During this time, she followed strict protocol to avoid exposure to the disease. Prior to her return to the U.S., New Jersey Governor Christie signed an Executive Order putting into effect an "Ebola Preparedness Plan" for the state. When she arrived in New Jersey, state and CDC officials escorted Plaintiff to a Quarantine Station, where she was examined and questioned and apparently found to be in good health. Nonetheless, New Jersey Department of Health (DOH) officials and Governor Christie decided to quarantine Plaintiff. Without explaining what was happening and without a signed quarantine order, officials transported Plaintiff in an ambulance to an isolation tent. While there, her temperature was checked several times with two different thermometers, one indicating a normal temperature and the other indicating an elevated temperature. Although Plaintiff tested negative for Ebola and had no symptoms, she was kept in quarantine for a total of 80 hours. During this time, no one gave her an explanation for her detention. In the meantime, Governor Christie addressed the situation on public television, describing Plaintiff as "obviously ill."

On January 15, 2016, Defendants moved to dismiss Plaintiff's complaint. The motion to dismiss argued that Plaintiff's constitutional claims should be dismissed because Defendants were entitled to qualified immunity. It also argued that Plaintiff had failed to state a claim for false imprisonment and invasion of privacy.

On September 2, 2016, District Court Judge Kevin McNulty granted the motion to dismiss with respect to Plaintiff's federal claims. Judge McNulty agreed with Defendants' contention that legal precedent at the time of Plaintiff's quarantine did not clearly establish that detaining Plaintiff and placing her in quarantine violated her constitutional rights. Thus, Defendants were entitled to qualified immunity. He also stated that while there is no bright-line rule for detaining those exposed to infectious disease at the border, authorities possess broad discretion with respect to such matters so long as their orders are not overbroad or unreasonable in relation to the public health interests at stake. 205 F.Supp.3d 579.

However, the court denied Defendants' motion to dismiss with respect to Plaintiff's state law claims, finding that Plaintiff had alleged sufficient facts in support of her claims of false imprisonment and invasion of privacy/false light. 205 F.Supp.3d 579.

The parties requested a stay of discovery, and were soon able to negotiate a settlement. They submitted a stipulated order of dismissal on June 27, 2017. The next day, Judge McNulty ordered the case dismissed with prejudice and without costs to either party. The terms of the settlement agreement included the implementation of less restrictive and more transparent quarantine procedures for those suspected or at-risk of Ebola infection. It also required that quarantined individuals be notified of their rights. There apparently was no financial settlement. The text of the agreement can be found here or with the documents below.

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Summary Authors

Lauren Latterell Powell (11/19/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4517897/parties/hickox-v-christie/

Judge(s)

Clark, James B. III (New Jersey)

McNulty, Kevin (New Jersey)

Attorneys(s) for Plaintiff

Barocas, Edward (New Jersey)

Hyman, Steven J. (New York)

LoCicero, Jeanne (New Jersey)

Attorneys(s) for Defendant

Beck, Matthew Evan (New Jersey)

Chiesa, Jeffrey S. (New Jersey)

Dischley, Lindsay Ann (New Jersey)

Israel, Ronald Lawrence (New Jersey)

Jespersen, Kevin R. (New Jersey)

Judge(s)

Clark, James B. III (New Jersey)

McNulty, Kevin (New Jersey)

Attorneys(s) for Plaintiff

Barocas, Edward (New Jersey)

Hyman, Steven J. (New York)

LoCicero, Jeanne (New Jersey)

Attorneys(s) for Defendant

Beck, Matthew Evan (New Jersey)

Chiesa, Jeffrey S. (New Jersey)

Dischley, Lindsay Ann (New Jersey)

Israel, Ronald Lawrence (New Jersey)

Jespersen, Kevin R. (New Jersey)

Zieman, Benjamin Henry (New Jersey)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	July 28, 2017	Docket
1	Verified Complaint	Oct. 22, 2015	Complaint
19	Opinion	Sept. 2, 2016	Order/Opinion
	Settlement Agreement	July 17, 2017	Settlement Agreement
46	Stipulation of Dismissal With Prejudice and Without Costs	July 28, 2017	Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4517897/hickox-v-christie/

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

ECF Number	Description	Date	Link
1	COMPLAINT against CHRISTOPHER JAMES CHRISTIE, JANE ROE, JOHN DOE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN ( Filing and Admin fee $ 400 receipt number 0312-6712672) with JURY DEMAND, filed by KACI HICKOX. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet)(JB, ) (Entered: 10/22/2015) 1 Exhibit 1 View on PACER 2 Civil Cover Sheet View on PACER	Oct. 22, 2015	PACER
2	SUMMONS ISSUED as to CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By JACKELINE BARCO (JB, ) (Entered: 10/22/2015)	Oct. 22, 2015	PACER
3	WAIVER OF SERVICE Returned Executed by KACI HICKOX. CHRISTOPHER JAMES CHRISTIE waiver sent on 10/27/2015, answer due 12/28/2015. (BAROCAS, EDWARD) (Entered: 11/05/2015)	Nov. 5, 2015	PACER
4	WAIVER OF SERVICE Returned Executed by KACI HICKOX. MARY E. O'DOWD waiver sent on 10/27/2015, answer due 12/28/2015. (BAROCAS, EDWARD) (Entered: 11/05/2015)	Nov. 5, 2015	PACER
5	WAIVER OF SERVICE Returned Executed by KACI HICKOX. GARY LUDWIG waiver sent on 10/27/2015, answer due 12/28/2015. (BAROCAS, EDWARD) (Entered: 11/05/2015)	Nov. 5, 2015	PACER
6	WAIVER OF SERVICE Returned Executed by KACI HICKOX. CHRISTOPHER RINN waiver sent on 10/27/2015, answer due 12/28/2015. (BAROCAS, EDWARD) (Entered: 11/05/2015)	Nov. 5, 2015	PACER
7	NOTICE of Appearance by KEVIN R. JESPERSEN on behalf of CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN (JESPERSEN, KEVIN) (Entered: 11/23/2015)	Nov. 23, 2015	PACER
8	Letter from Kevin R. Jespersen. (JESPERSEN, KEVIN) (Entered: 11/24/2015)	Nov. 24, 2015	PACER
9	ORDER granting Defendants request for an extension of the motion schedule. Signed by Magistrate Judge James B. Clark on 12/1/2015. (anr) (Entered: 12/01/2015)	Dec. 1, 2015	RECAP
10	MOTION for Leave to Appear Pro Hac Vice (with consent of all parties) by KACI HICKOX. (Attachments: # 1 Text of Proposed Order, # 2 Certification of Edward Barocas, # 3 Certification of Steven J. Hyman, # 4 Certification of Kate Fletcher, # 5 Certification of Norman H. Siegel)(BAROCAS, EDWARD) (Entered: 12/04/2015) 1 Text of Proposed Order View on PACER 2 Certification of Edward Barocas View on PACER 3 Certification of Steven J. Hyman View on PACER 4 Certification of Kate Fletcher View on PACER 5 Certification of Norman H. Siegel View on PACER	Dec. 4, 2015	PACER
	Set/Reset Deadlines as to 10 MOTION for Leave to Appear Pro Hac Vice (with consent of all parties). Motion set for 1/4/2016 before Judge Kevin McNulty. The motion will be decided on the papers. No appearances required unless notified by the court. (anr)	Dec. 6, 2015	PACER
11	ORDER granting 10 Motion for Leave to Appear Pro Hac Vice as to Steven J. Hyman, Kate Fletcher, Norman H. Siegel. Signed by Magistrate Judge James B. Clark on 12/7/2015. (anr) (Entered: 12/07/2015)	Dec. 7, 2015	PACER
	Pro Hac Vice fee of $ 300 received as to Kate Fletcher, Esq. and Norman H. Siegel, Esq., receipt number TRE064918 (mps)	Jan. 5, 2016	PACER
12	MOTION to Dismiss by CHRISTOPHER JAMES CHRISTIE, JANE ROE, JOHN DOE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN. Responses due by 3/15/2016 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(ZIEMAN, BENJAMIN) (Entered: 01/15/2016) 1 Brief View on PACER 2 Text of Proposed Order View on PACER 3 Certificate of Service View on PACER	Jan. 15, 2016	PACER
	Set/Reset Deadlines as to 12 MOTION to Dismiss . Motion set for 2/16/2016 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (anr)	Jan. 15, 2016	PACER
13	TEXT ORDER - The Parties are advised that the Motion Return date is 5/16/2016. The parties are directed to follow the Order entered on 12/1/2015.. So Ordered by Magistrate Judge James B. Clark on 1/20/2016. (mw, ) (Entered: 01/20/2016)	Jan. 20, 2016	PACER
14	NOTICE of Appearance by JEANNE LOCICERO on behalf of KACI HICKOX (LOCICERO, JEANNE) (Entered: 01/22/2016)	Jan. 22, 2016	PACER
	Pro Hac Vice fee of $ 150 received as to Steven J. Hyman, Esq., receipt number TRE065737 (mps)	Jan. 29, 2016	PACER
15	BRIEF in Opposition filed by KACI HICKOX re 12 MOTION to Dismiss (Attachments: # 1 Affidavit of Edward Barocas (with Exhibits), # 2 Certificate of Service)(BAROCAS, EDWARD) (Entered: 03/15/2016) 1 Affidavit of Edward Barocas (with Exhibits) View on PACER 2 Certificate of Service View on PACER	March 15, 2016	PACER
16	REPLY BRIEF to Opposition to Motion filed by CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN re 12 MOTION to Dismiss (Attachments: # 1 Certificate of Service, # 2 Exhibit)(ZIEMAN, BENJAMIN) (Entered: 04/14/2016) 1 Certificate of Service View on PACER 2 Exhibit View on PACER	April 14, 2016	PACER
17	Letter from Plaintiff requesting permission to file Sur-reply Brief re 12 MOTION to Dismiss . (Attachments: # 1 Brief Proposed Sur-reply Brief, # 2 Certificate of Service)(BAROCAS, EDWARD) (Entered: 04/25/2016) 1 Brief Proposed Sur-reply Brief View on PACER 2 Certificate of Service View on PACER	April 25, 2016	PACER
18	Letter from Kevin Jesperen. (Attachments: # 1 Supplement, # 2 Certificate of Service)(JESPERSEN, KEVIN) (Entered: 05/02/2016) 1 Supplement View on PACER 2 Certificate of Service View on PACER	May 2, 2016	PACER
19	OPINION. Signed by Judge Kevin McNulty on 9/2/16. (nic, ) (Entered: 09/07/2016)	Sept. 2, 2016	RECAP
20	ORDER granting in part and denying in part 12 Motion to Dismiss. Signed by Judge Kevin McNulty on 9/2/2016. (nic, ) (Entered: 09/07/2016)	Sept. 2, 2016	PACER
21	Application and Proposed Order for Clerk's Order to extend time to answer as to Christopher James Christie, Mary E. ODowd, Christopher Rinn, and Gary Ludwig.. (Attachments: # 1 Certificate of Service)(ZIEMAN, BENJAMIN) (Entered: 09/16/2016) 1 Certificate of Service View on PACER	Sept. 16, 2016	PACER
	Clerk`s Text Order - The document 21 Application for Clerk's Order to Ext Answer/Proposed Order submitted by GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER JAMES CHRISTIE, CHRISTOPHER RINN has been GRANTED. The answer due date has been set for 9/30/2016. (seb)	Sept. 19, 2016	PACER
22	Letter from DAG Benjamin H. Zieman seeking a 30-day extension to answer Plaintiff''s Complaint. (ZIEMAN, BENJAMIN) (Entered: 09/27/2016)	Sept. 27, 2016	PACER
23	ORDER granting Defendants Christopher James Christie, Mary E. ODowd, Christopher Rinn, and Gary Ludwig an additional 30 thirty (30) days, or until October 31, 2016, to file an answer to Plaintiff's Complaint. Signed by Magistrate Judge James B. Clark on 9/28/2016. (seb) (Entered: 09/28/2016)	Sept. 28, 2016	PACER
	Answer Due Deadline Update - The document 22 Letter submitted by GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER JAMES CHRISTIE, CHRISTOPHER RINN has been GRANTED. The answer due date has been set for 10/31/2016. (seb)	Sept. 28, 2016	PACER
24	NOTICE of Appearance by JEFFREY SCOTT CHIESA on behalf of CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN (CHIESA, JEFFREY) (Entered: 10/05/2016)	Oct. 5, 2016	PACER
25	NOTICE of Appearance by RONALD LAWRENCE ISRAEL on behalf of CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN (ISRAEL, RONALD) (Entered: 10/05/2016)	Oct. 5, 2016	PACER
26	NOTICE of Appearance by MATTHEW EVAN BECK on behalf of CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN (BECK, MATTHEW) (Entered: 10/14/2016)	Oct. 14, 2016	PACER
27	NOTICE of Appearance by LINDSAY ANN DISCHLEY on behalf of CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN (DISCHLEY, LINDSAY) (Entered: 10/14/2016)	Oct. 14, 2016	PACER
28	ANSWER to Complaint with JURY DEMAND by CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN.(CHIESA, JEFFREY) (Entered: 10/31/2016)	Oct. 31, 2016	PACER
29	Notice of Request by Pro Hac Vice Kate Fletcher to receive Notices of Electronic Filings. (BAROCAS, EDWARD) (Entered: 11/03/2016)	Nov. 3, 2016	PACER
30	Notice of Request by Pro Hac Vice Steven J. Hyman to receive Notices of Electronic Filings. (BAROCAS, EDWARD) (Entered: 11/03/2016)	Nov. 3, 2016	PACER
31	Notice of Request by Pro Hac Vice Norman H. Siegel to receive Notices of Electronic Filings. (BAROCAS, EDWARD) (Entered: 11/03/2016)	Nov. 3, 2016	PACER
	Pro Hac Vice counsel, KATE FLETCHER, ESQ., NORMAN H. SIEGEL, ESQ. and STEVEN J. HYMAN, ESQ., have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (seb)	Nov. 4, 2016	PACER
32	LETTER ORDER - Scheduling an Initial Conference for 1/9/2017 at 11:00 AM before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 11/14/2016. (mw, ) (Entered: 11/14/2016)	Nov. 14, 2016	PACER
33	Letter from Ronald Israel. Esq. requesting guidance re: filing of motion. (ISRAEL, RONALD) (Entered: 12/06/2016)	Dec. 6, 2016	PACER
34	ORDER: It is ORDERED that the Court will discuss Defendants' request to file a 12(c) motion during the initial R16 conference. Signed by Magistrate Judge James B. Clark on 12/7/2016. (seb) (Entered: 12/08/2016)	Dec. 7, 2016	PACER
35	PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 4/26/2017 10:00 AM before Magistrate Judge James B. Clark. Amended Pleadings due by 4/7/2017. Fact Discovery due by 7/21/2017. Joinder of Parties due by 4/7/2017, etc. Signed by Magistrate Judge James B. Clark on 01/09/2017. (ek) (Entered: 01/10/2017)	Jan. 9, 2017	PACER
	Minute Entry for proceedings held before Magistrate Judge James B. Clark: Scheduling Conference held on 1/10/2017. (mw, )	Jan. 10, 2017	PACER
36	AFFIDAVIT/Certification in support of discovery confidentiality order by CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN. (Attachments: # 1 Text of Proposed Order)(ISRAEL, RONALD) (Entered: 02/14/2017) 1 Text of Proposed Order View on PACER	Feb. 14, 2017	PACER
37	Discovery Confidentiality Order. Signed by Magistrate Judge James B. Clark on 02/15/2017. (ek) (Entered: 02/15/2017)	Feb. 15, 2017	PACER
38	Letter from Ronald L. Israel, Esq. re 35 Scheduling Order,. (ISRAEL, RONALD) (Entered: 02/22/2017)	Feb. 22, 2017	PACER
39	ORDER granting Defendants' 38 Letter requesting extension of time to complete responses to the initial interrogatories and document requests for one month, until April 3, 2017. All other deadlines in the January 9, 2017 Pretrial Scheduling Order be moved back by 30 days, etc. Telephone Conference set for 4/26/2017 10:00 AM before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 02/24/2017. (ek) (Entered: 02/24/2017)	Feb. 24, 2017	PACER
40	ORDER that the Discovery shall be stayed pending the Telephone Conference adjourned to 5/4/2017 02:30 PM before Magistrate Judge James B. Clark. Signed by Magistrate Judge James B. Clark on 03/28/2017. (ek) (Entered: 03/28/2017)	March 28, 2017	PACER
41	Letter to Judge Clark from Alan Sash, Esq.. (ld, ) (Entered: 04/13/2017)	March 29, 2017	PACER
	Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 5/4/2017. (mw, )	May 4, 2017	PACER
42	ORDER setting telephone conference for 6/2/2017 at 02:30 PM with Magistrate Judge James B. Clark. Discovery is stayed pending the call. Signed by Magistrate Judge James B. Clark on 5/5/17. (jr) (Entered: 05/05/2017)	May 5, 2017	PACER
43	Letter from Ronald L. Israel, Esq. to Hon. James B. Clark, III, U.S.M.J. requesting 6/2/17 telephone conference be adjourned re 42 Order, Set Hearings. (ISRAEL, RONALD) (Entered: 06/01/2017)	June 1, 2017	PACER
44	Order Administratively Terminating Action - 60 Day, Pending Consummation of Settlement. Administrative Termination deadline set for 8/15/2017. Signed by Judge Kevin McNulty on 6/16/17. (nic, ) (Entered: 06/16/2017)	June 16, 2017	PACER
45	STIPULATION of Dismissal by CHRISTOPHER JAMES CHRISTIE, GARY LUDWIG, MARY E. O'DOWD, CHRISTOPHER RINN. (ISRAEL, RONALD) (Entered: 07/27/2017)	July 27, 2017	RECAP
46	STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AND WITHOUT COSTS, etc. Signed by Judge Kevin McNulty on 07/28/2017. (ek) (Entered: 07/28/2017)	July 28, 2017	PACER